"Doctor, calm down. Let me start off by explaining that the only malpractice cases I handle have terrible outcomes-death, brain damage, paralysis, quadriplegia, to name a few. I wouldn't be needed if the results were perfect. Is the fact that she almost died going to weigh heavily with the jury? Of course. Does that mean we lose? Absolutely not. We'll line up a couple of the best experts in Houston or maybe somewhere else in the country if needed to support our position that what you did was exactly correct. What happened could have resulted no matter who did the abortion and no matter how great the skill of the physician. So let's talk about possible experts. We need at least two gynecologists to review this case for us. We may need an infectious disease specialist to explain that in this type of procedure, infections can occur even under the best of circumstances. That's the reason that you put the patient on antibiotics afterward. Also, I'll consult an expert on DIC. What I would hope to do is develop a theory that the perforation and retained fetal parts, known complications, could have caused the infection, but that this particular bug was so strong that the standard antibiotics could not destroy it. Then the DIC resulted from the infection. That's my starting point. Do you agree?"
"Although you have said only a few words, I am quite impressed with your understanding of medicine, not just gynecology but infections and antibiotics also. You are to be commended. Yes, that's a plausible theory. It's complicated somewhat with both the perforation and the retained fetal parts. However, it's certainly worth exploring."
Tod left Dr. Moyo's office with the names of three gynecologists, two in Houston and one from Harvard. Dr. Moyo also added one infectious disease expert and an expert on DIC to the two names that Tod's paralegal had found.
***
Jan had to decide which of Johnny Bob's questions would be answered and which would receive objections. Her approach was to keep it a simple malpractice case. The plaintiffs had the consent form and the medical records. The documents had everything they needed to know about the abortion, the antibiotic and her two calls. They didn't need any more information to prosecute the case. Johnny Bob damn sure didn't need to know such things as the number of abortions that her client did every year at every center in the country. That kind of information would only be used to try to inflame the jury. For that reason, with the exception of standard questions about witnesses and experts, she objected to the remainder of the discovery.
Johnny Bob was not surprised at Jan's responses and objections. He hollered at Mildred to call the court and get a hearing on her objections. It was about time that he met this Judge Ruby O'Reilly.
CHAPTER 42
Sunday morning, a few weeks after Tod and Jan had filed their answers, The Chosen decided to launch the first of his media missiles directed two hundred and fifty miles south towards Houston. He spoke about the moral decay of the country and the need, in this presidential election year, to have leaders of strong moral character who would do what was right and stand on the right side of issues, with emphasis on the phrase "right side."
"My friends, here and across the nation," he concluded the sermon, looking into one of several television cameras, "the one issue that will define the character of a politician, be it man or woman, be it Republican or Democrat, is the issue of abortion. If a candidate for any office, whether it's president or county commissioner, won't come out publicly and condemn abortion in any form, promising to do all in his power to eliminate it from our society, then that candidate doesn't deserve the support of right-thinking Americans. Abortion causes the death of two million babies a year and a lifetime of physical and emotional scarring for the two million mothers who are also victims of this tragedy. My friends, I have experienced the travesty of abortion first hand in recent months. A member of my own congregation was butchered and left for dead by one of these murder clinics in Houston."
As he spoke, the cameras panned over to Lucy and her family, seated on the first row.
"Lucy, come up here on this stage so I can introduce you to my friends."
Lucy squirmed in her seat and didn't move. Finally, T. J. walked down the steps to her, grabbed her hand and pulled her out of the chair. Holding her hand, he walked back up to face the audience and cameras. As they turned around, he put his arm around her and drew her to him.
"This is Lucy."
Suddenly, Lucy realized that she was with T. J. In her mind, anything he asked she would do. So, she straightened her shoulders, looked up into T. J.'s face with a beaming smile and then smiled at the audience.
"This young lady almost died after an abortion. She spent weeks in a coma and couldn't walk until I commanded her to do so. She may never be well, but she's a fighter. She and her family decided to strike back and filed a hundred million-dollar lawsuit against that clinic and its butcher doctor. We and our forces of the right side intend to put that place of mass murder and its murdering doctors out of business. If we can't get it done at the statehouse, then we will do it at the courthouse!"
After applause and "Amens," T. J. ended the sermon with a prayer for Lucy, her family, and her valiant lawyer who had taken up the sword of battle against the forces of evil.
On Monday morning, Tod got to the office. Before he could get a sip of coffee, Dr. Moyo called.
"Tod, I thought you said that everything was going to be quiet and routine. Did you see The Miracle Hour yesterday morning? My wife had it on television. I was shocked. Where does he get the right to talk like that?"
"Calm down, Zeke. I haven't seen the program, but Jan Akers, the clinic's lawyer, called me yesterday and told me about it. She's sending over a copy of the tape, and as soon as I look at it, I'll give you a call."
The tape arrived within the hour and Tod called Wayne into his office to watch it. He fast-forwarded to the beginning of T. J.'s abortion tirade. They watched it three times before clicking off the television.
"What do you think, Wayne?"
"To start, I can see why Zeke's mad. Fortunately, he and the clinic aren't mentioned by name. My big question is how does this bozo fit into the picture? This lawsuit has only just been filed and we just answered a few weeks ago. This guy is acting like he knows more about the case than we do. You picked up on that part about 'we' and 'our forces'?"
Before Tod could reply, Jan called. Tod put her on the speaker. He couldn't even say hello before she began. "What did I tell you? You remember me saying that the pro-life forces were sponsoring some of these lawsuits? I smell something like that going on here."
"You may be right. It's still a straightforward medical malpractice case. The issues don't change."
"But, Tod, this joker has a national pulpit. If he keeps this up, he's going to impact on public opinion, which will affect our jury somewhere down the road. Can't we put a stop to him?"
"Can't do a damn thing right now. He hasn't mentioned any names, so he hasn't libeled anyone. We can't enjoin him from his preaching. That's a prior restraint and a violation of the First Amendment. Maybe it's an isolated sermon that will be long forgotten by the time we get to trial. If not, we'll have to figure out a way to launch a counter attack in the media. Or, if he steps over the line into defamation of our clients, we may have some options. For now, just tell your client to remain calm. I'll do the same with Dr. Moyo, although he won't take my advice. Let's just leave it alone and hope it doesn't happen again."
***
On that same Monday morning in Palestine, Johnny Bob rewound the tape for the fifth time. T. J. had promised the consortium, as Johnny Bob now called the pro-life organizations that had put up the $2.3 million, that he would handle the media campaign. Certainly, he was wasting no time in launching the attack. If Johnny Bob had his druthers, he would have preferred that T. J. moderate his rhetoric. He might as well try to put a muzzle on an alligator.
***
Two weeks later, the lawyers had their first hearing before Judge Ruby O'Reilly. Johnny Bob made his way through the metal detector and up the elevators to the third floor of the H
arris County Courthouse where he spotted Tod Duncan talking to an attractive lady outside Judge O'Reilly's courtroom. As he approached, he stuck out his hand. "Tod, my good friend, how's the best defense lawyer in South Texas this fine Monday morning? And you, darling, must be Ms. Akers, my worthy opponent today."
"I intend to be your most worthy opponent today and every other day, but I'm damn sure not your darling," Jan replied.
"Please, Ms. Akers, no harm intended. I'm just from East Texas and it's hard to break old habits."
"Then why don't I just call you Johnny Bob and you call me Jan, and we'll call it even."
"Well," Johnny Bob said, "again, I apologize. Can either of you fine lawyers tell me how Judge O'Reilly runs her motion docket? This is my first time before her."
Tod spoke up, "She'll sound the docket promptly at nine. The courtroom's packed with lawyers. I've checked and we're number six out of twenty this morning. The good news is that she doesn't waste much time. She will have already read all the motions and briefs. Expect her to pretty much have her mind made up."
Looking at the hallway clock, they decided they had better find seats. As they entered the courtroom, Judge O'Reilly took the bench. Ruby O'Reilly was a striking woman. She was only thirty-five when she took the bench as one of the first female judges in Harris County. She had been re-elected without opposition now for nearly twenty-five years. Many politicos had encouraged her to advance up the judicial ladder to the Texas Supreme Court, or perhaps through the federal system. She declined their suggestions. She had found her calling as a civil trial judge and had no higher ambitions. Even in her late fifties, her hair was still a flaming red and no one dared ask if something from the drug store helped maintain the color.
Intelligent, fair and compassionate, she treated lawyers and litigants with courtesy. She expected the same from everyone who entered her courtroom. To be unprepared or to be other than absolutely professional to one's opposition were two things that would incur her wrath. Wasting her time came in a close third. She wouldn't hesitate to tell a lawyer that she had heard enough and was ready to rule. If she made such a pronouncement, every trial attorney in Houston realized they better shut up and listen.
She went through the first five cases in thirty minutes and called "Brady v. Population Planning and Mzito Moyo, M.D." The judge spoke as the lawyers approached her bench, "Good morning, Ms. Akers, Mr. Duncan, and, you must be Mr. Tisdale."
"Yes, ma'am. J. Robert Tisdale, here for Lucy Brady."
"Welcome to my court, Mr. Tisdale. Your reputation precedes you. I've had the pleasure of having Mr. Duncan and Ms. Akers in my court on many occasions. I look forward to seeing you from time to time but hopefully infrequently before trial." The judge made it clear that she expected good lawyers to resolve most of their discovery disputes without her intervention.
"I certainly understand, Judge O'Reilly, and we'll try not to take up your time very often. However, you must understand that this is a most serious case."
"Mr. Tisdale," Judge O'Reilly cut him off, "every lawyer who stands before this bench tells me exactly the same thing. All cases are serious to the litigants. Otherwise, you lawyers would be laying bricks or doing something else. I've read your petition and I must say that you have laid out your facts extremely well. When I cut through the chafe, this is a malpractice case and I've tried hundreds of them. Unless you or the defense lawyers have anything to add, I'm ready to rule on Population Planning's objections to your discovery."
Quickly getting the lay of the land, Johnny Bob said that he had nothing further. Jan agreed.
"Then, my ruling is that the local Population Planning Clinic is a separate corporation from the national one. For that reason, whatever is at the national level is irrelevant. However, the plaintiffs are entitled to know the policies and procedures of the local clinic from the time of the first phone call until the last contact with the patient. Personnel files of everyone who came in contact with your client are to be produced. The plaintiff is entitled to know the number of abortions performed a year by the Houston clinic only. I think five years should be more than enough to allow you to determine their competence in performing the procedure. The credentialing file of Dr. Moyo is privileged, but in looking at his answers to discovery, I doubt that you would find that he is anything other than a capable physician. Any questions?"
Solomon-like, Judge O'Reilly had split the baby. Each side both won and lost. The attorneys would accept the decision and not threaten appeal. She had not been on the bench for twenty-five years for nothing.
CHAPTER 43
Money was not T. J.'s objective in this courtroom struggle. He sought power. He had no illusions about being president or even a United States senator. Besides, if things went according to plan, any national political office would be a step down. He wanted to be the kingmaker, the power behind the throne, the puppeteer who pulled the strings of his puppet who occupied the White House. He wanted a voice so strong and so powerful that those who would be president would seek him out to obtain his blessing, his endorsement and of course, money from his political action committee. To gain that lofty status, he had to be THE spokesperson for the religious right. He intended to vault to such a lofty pedestal by using Lucy Baines Brady as a springboard.
The next Sunday morning, he decided the time was right for a direct frontal attack. The platform descended, with T. J.'s feet planted firmly in the middle. As it came to a stop at the stage, he stepped from it and moved to the pulpit. With a great flourish, he closed the book that contained his sermon notes and threw it to the floor. Then he stalked across the stage and back toward the pulpit, saying nothing while the audience sat in silence. He turned and walked down the steps extending from the center of the stage until he was no more than two feet from the first row. In a low voice, almost a whisper, he started, "My brothers and sisters, I don't need sermon notes for what I am about to say. I don't even need to refer to the Bible. My message this morning is about killing and the Bible sums my message up in four very simple words." His voice rose to a thunder as he shouted, "Thou Shalt Not Kill! Is that difficult to understand? Does that commandment need interpretation? Does anyone here or out there watching on television need me to explain that simple commandment?"
The audience erupted, "No!"
"Well, I must say that some of you are lying. Some of you don't understand God's word. For we are a society of killers. Look around you. Read the daily papers. Watch television. We have drunk driver killers. We have drug dealer killers. We have people shot just driving along the freeway. We have convenience store operators who work in fear for their lives. We have serial killers. We have domestic violence that leads to the murder of loved ones. We have mass murders in work places, McDonalds, post offices and, yes, even in schools.
"My friends, no society can survive if it does not place the highest value on human life." For the next fifteen minutes T. J. sermonized on the decadence of society, that if it continued, the United States could not survive. He had the audience right where he wanted them. "My brothers and sisters, I purposely left out the single greatest cause of death in our country. If we are to become the kinder, gentler, more compassionate society that we all desire, we cannot have abortion for sale. I've told you before and I'll say it again. Two million babies are murdered every year right here in this country, and it's all as legal as buying a candy bar at your neighborhood grocery."
A chorus of "No's" filled the auditorium. Then Lucy chose to leave her seat without prompting from T. J., walked up to stand beside T. J. and took his hand as he continued.
"We all know that giant companies have sprung up across the country that claim to offer other services, but they serve one purpose—to murder innocent babies. In the past, I've backed off from naming names. The time has come for me to step up to the line and call out our enemies, call them out so that you, too, may know who they are and the evil that they are doing. They are murderers, killers of babies, and their names need to be known. The
largest and most evil is Population Planning. I know about them from our studies on the abortion murders here at The City of Miracles. I also know of them on a first-hand basis for it was at the Population Planning Clinic in Houston where Lucy Brady, this young lady beside me and one of the young members of our congregation, was butchered and almost lost her life. And if we are going to put the doctors out of the abortion business, then their names must be known. The butcher who almost killed Lucy was one Dr. Mzito Moyo. A mass murderer, he makes his living killing babies. On this occasion, he killed Lucy's baby and he botched the abortion so badly that Lucy teetered on the brink of death for weeks. It took a miracle to make her walk again.
"It's up to each of you to honor God's commandment," T. J. continued. "The first step must be to shut down these murder clinics and put these murdering doctors out of business, at the ballot box, on the streets, and at the courthouse. Let us pray."
***
In Palestine, Johnny Bob walked through the kitchen where Bernice had the television tuned to The Miracle Hour. Getting a cup of coffee, he sat at the kitchen table and watched the spectacle, actually admiring the skill with which T. J. was able to control and manipulate an audience. When T. J. got to the part about abortion and even broadcast the names of the defendants in the lawsuit, his expression changed, "Shit. Sorry, Bernice. Why did he have to do that?"
"Johnny Bob," Bernice replied, "I don't understand. Isn't what he is saying the truth and isn't that what you are trying to prove down in Houston?"
"That's not the point. This isn't a murder trial. Besides, the evidence in a trial must be presented to the jury in the courtroom, not on national TV. Judge O'Reilly is going to blow her redheaded stack when she sees this. Expect me to have to appear at a command performance in her court before the week is out. And it ain't going to be fun."
So Help Me God Page 21
