So Help Me God

by Larry D. Thompson

  "You remember one of your first meetings with T. J. when he told you that he would not only provide you with two million dollars, but he would give you legal support. Well, I'm the support that he was talking about, and better yet, you don't have to pay for it. I talked to T. J. earlier this week and he told me what he was going to do. I tried to talk him out of it. You can see that I was not very persuasive. Looks like you got a tiger by the tail."

  Johnny Bob looked at the striking black woman before him and stroked his chin, a habit that he had picked up from Judge Arbuckle many years ago, before he spoke. "Welcome aboard, Claudia. You call me Johnny Bob. Whether you're a gift from God or T. J. don't rightly matter. I'm not prone to looking a gift horse in the mouth. Are you here for the duration?"

  "You bet. Got my clothes in the car and my case law in my laptop. I just need a desk and a place to stay. Got any recommendations?"

  "As to a desk, my old office down the hall is available. We use it for storage, but under all the boxes, there's still a desk and chair. Sorry to say that there's no view, though. As to a place to stay, you come out to my house. I've got three apartments for my three kids. One of them lives up in Colorado and doesn't use it much. It's two thousand feet and fully furnished. It's got its own entrance. You can come and go as you please and you're welcome to eat with me and Bernice as much as you want. We always enjoy company."

  "Sounds good to me, particularly the part about using your old office. It'll make for a good story back in Ohio. You may not realize it, but your reputation has traveled all the way to Harvard. In torts class when they talk about the great plaintiff lawyers, you're always in the top five."

  "Must be some Yankee prejudice working. I kinda figured I'd earned the number one spot."

  CHAPTER 45

  As soon as he got back to Houston, Tod dictated a motion to hold Thomas Jeremiah Luther in contempt. It tracked what the judge had told T. J. and asked that he be incarcerated in the Harris County jail until he agreed to answer questions under oath. He faxed it to Jan for approval and filed it that same afternoon. Judge O'Reilly glanced over it and saw nothing out of the ordinary, assuming, she thought, that a request to throw a nationally known religious leader in the hoosegow is not out of the ordinary. She had already decided that she would set the motion in two weeks. She wanted to give Reverend Luther plenty of time to seek the advice of counsel, hopefully one that would beat some sense into his head. She didn't realize that two weeks would also be enough time to assemble what would become the first act of a three-ring media circus. She would have preferred not to be the ringmaster, but fate would have it no other way.

  ***

  Out for his morning run the next day, Tod contemplated what had transpired. Concerned that T. J. would never answer questions, he considered his options and finally settled on one. When he got to the office, he filed a second motion, this one requiring the Brady plaintiffs, really Johnny Bob, to divulge the forces that were backing the lawsuit. Such a motion wouldn't normally have a prayer except that he also requested T. J.'s deposition for the purpose of investigating a potential claim. If T. J. continued to refuse to answer questions, the motion would be a back-up plan. Tod had no strong basis in law. Still, the judge wouldn't be happy with the conduct of The Chosen. If Johnny Bob couldn't identify T. J.'s forces, he could say so. If he knew them, the judge might be inclined to require disclosure. This time they were all sailing on uncharted waters. The second motion was also set at the same time as the motion to hold T. J. in contempt.

  Claudia read the two motions and marched into Johnny Bob's office. Flinging the documents on his desk, she angrily took a seat and launched into a verbal attack on Tod Duncan. "What kind of shit is this? I understand the first motion. As to the second one, how the hell can he possibly think that a judge will grant a motion requiring you to disclose a privileged matter like who is funding your fees? That's got to be attorney-client privilege."

  "Now, Claudia, just you calm down. I learned years ago that when it comes to planning lawsuit strategy, getting angry only muddles the mind. The motion wouldn't stand a chance if T. J. had just answered questions. Remember, in Texas we have this discovery process called a deposition to investigate a claim. Tod threw that into his original motion. The judge may just be mad enough at T. J. to give Tod this information in another way. We'll fight it. Eventually, the names of the forces that T. J. kept alluding to are going to come out if he has to depose every pro-life group in the country. Don't be surprised if we lose. Tod Duncan's a shrewd lawyer and has something up his sleeve. I just haven't quite figured out what it is. You go on and prepare responses to both motions."

  As Claudia returned to her office, Johnny Bob hollered down the hall, "And throw some of those Harvard words in there. Maybe they'll impress the judge."

  Next, he picked up the phone and called Fort Worth. When T. J. came on the line, he barely said hello before Johnny Bob barked. "Now you've done it, T. J. You've got to be in Judge O'Reilly's court on this contempt motion in less than two weeks. Let me give you the names of a couple of lawyers in Fort Worth and Houston who will give you first class representation."

  "Won't be necessary, Johnny Bob. I'll represent myself."

  "T. J., for once would you listen to me? That's the one sure way for you to end up in jail for contempt of court."

  "Jail doesn't bother me. It won't be the first time."

  "Then you best bring your toothbrush to the hearing, T. J., and while you're at it, probably a change of underwear."

  When Johnny Bob ended the call, T. J. smiled to himself. His plan was developing nicely. He had not contemplated a jail term when he first conceived the idea of using Lucy's lawsuit as the centerpiece of his great leap to the forefront of the religious right. However, when he listened to the Judge's admonition on the speakerphone at his deposition, he realized that he could become a martyr. He would not be the first religious leader imprisoned for his beliefs yet he was convinced that he could capitalize on such a situation far better than any of his predecessors. Of course, he was right. Unfortunately, he neglected to consider one thing. With all the plans afoot, he failed to consider that Tod Duncan was a match for any man when it came to the strategy of a courthouse battle.

  On Monday morning two weeks later, the court reporter stuck her head into Judge O'Reilly's chambers. "Judge, you're not going to believe this. We've got a courtroom full of reporters and other media types. There's not a seat to be had. They've filled up the jury box and the back of the courtroom. They're even spilling out into the hallway. All four networks along with CNN have remote trucks out in the street. Even the New York Times is here. I gotta go to my office and check my make-up."

  The door slammed, leaving Judge O'Reilly to evaluate her options. As to Reverend Luther, she was satisfied that she had none. She was not about to let him set himself above the law, not in her court. As to the second motion, except for T. J.'s obstructive behavior, she would deny it. On the other hand, his behavior led to the motion. She put on her robe and glanced at herself in the mirror on her bathroom door. Finding everything in place, she opened the courtroom door promptly at nine. As she made her appearance, everyone in the courtroom rose.

  "Please be seated. We have before us the matter of Brady versus Population Planning and Dr. Moyo. I assume all parties are ready. Reverend Luther, I recognize you from your television shows. Do you have counsel?"

  T. J. responded, "No, Your Honor. I have no need for counsel. I am quite certain I can represent myself."

  His reply caused a murmur from the assembled reporters, which in turn caused an admonition from the judge. "Ladies and gentlemen in the audience, we are pleased to have you in my court. However, you will not be permitted to interfere with court business. If there are any outbursts or even whispers that reach my ears, I will instruct my bailiff to have you removed. Do you understand?" She continued, "The first matter will be the motion to hold Reverend Luther in contempt. Reverend Luther, you, of course, recall that I warned you th
at this could occur when you refused to answer questions at your deposition. I must advise you before you speak that if you continue to refuse to obey the orders of this court, I will find you in contempt and hold you in the county jail until you change your mind. Now, are you willing to answer Mr. Duncan's questions?"

  T. J. rose and replied, "With the utmost respect to you, Your Honor, and to your court, my Father has advised that I should answer to no man, only to Him. For that reason, my position has not changed and I fully understand the consequences."

  Silence filled the courtroom. The judge paused, took a noticeable breath and spoke, "Then, Reverend Luther, you leave me no choice. I find that you are in contempt of court and I commit you to the Harris County jail until you are willing to answer questions of counsel in this case. The court will not entertain any motion for bond. Bailiff, take Reverend Luther away."

  As the bailiff led T. J. into the hallway, the reporters crowded out the door, holding microphones in T. J.'s face and asking for comments. The camera crews in the hallway also tried to get a comment, but the bailiff had prepared for this event and had three more deputies waiting beyond the door. They formed a flying wedge, with T. J. in the middle, and pushed their way through the phalanx of reporters and cameras to a waiting elevator where they took T. J. to the first floor and escorted him from there to the jail two blocks away. The networks and CNN led off their evening news with the story of the powerful televangelist who had come back from death only to be incarcerated for his beliefs.

  T. J. watched the telecasts from the day room of the jail that night with a slight smile. He figured that with his fertile mind and a little luck, he could keep himself on the nightly news for however long it took to get the case to trial. He thought of Nelson Mandela and his years in prison before he emerged to claim a Nobel Prize. He certainly didn't expect twenty years in jail and didn't want a Nobel Prize. He would settle for a few months and the leadership of the religious right. His plan was working.

  Back in the courtroom, neither T. J. nor the reporters understood the importance of Tod's second motion. In fact, the reporters didn't even stick around.

  "Mr. Duncan, Mr. Tisdale, Ms. Akers…"

  "Your Honor, forgive me," Johnny Bob spoke. "I failed to introduce my associate on this case. May I introduce Claudia St. John Jackson from Ohio. I'll be filing a motion to admit her to practice in this court for the limited purpose of participating in this case."

  "Welcome, Ms. Jackson. I'm sure there'll be no opposition to Mr. Tisdale's request. Here's my ruling. In light of the refusal of the Reverend Luther to answer the question regarding his forces, and only because of that, Mr. Tisdale, I am directing you to turn over the names of any organizations that may be assisting Reverend Luther in this matter. I'll go on record as telling you that I am not sure where this is all going, and I concede that my ruling is most unusual. Mr. Tisdale, you are welcome to appeal, if you desire. If you do so, I must remind you that while this issue in on appeal, Reverend Luther will be a resident of the Harris County jail. You will have ten days to turn over the names of the forces or to give notice of appeal. That's all, ladies and gentlemen."

  As Johnny Bob and Claudia drove back to Palestine, they debated their next move.

  "Look, Johnny Bob, this is the first time I've seen this Judge O'Reilly in action. I don't quarrel with her decision to throw T. J. in the slammer, but I think she's dead wrong when she required us to give up the names of our pro-life organizations. We need to appeal the decision."

  "Claudia, Tod knows there are some other organizations out there. We can thank T. J. and his big mouth for that. Even if we win on appeal, in the meantime, Tod will be deposing the head of every major pro-life group in the country until he learns who 'our forces' are. By now, he damn sure knows that this is something more than just your everyday, garden-variety malpractice case. I know him well enough to guarantee you that he won't stop until he finds what he's looking for. We might as well give him the names and be done with it."

  As they approached Palestine, Claudia finally gave in to the experience and courthouse savvy of J. Robert Tisdale, a decision they would live to regret.

  CHAPTER 46

  When Tod got the list of the organizations that had apparently supported T. J. in the funding of the litigation, he could not control his excitement. He called Jan and asked her to meet him and Wayne at his office as quickly as she could get there. When she arrived, Tod slid down the fire pole to meet her, a grin spread across his face. He gave her a hug exclaiming, "Come on up. This is going to be fun."

  Wayne waited at the table by the window. Jan took a seat and spoke first, "All right. What the hell is going on? So we got the names of a bunch of pro-life organizations. Pardon my language, but big fucking deal. What does that do for our defense?"

  "Ah, Jan, my most honorable colleague, you clearly have not divined the moves that I have been making for the past several weeks. That's good. If you haven't figured them out, neither has the other side. Let me explain. As you know, when you're a defendant, it's always best to try to go on the offensive. Much better if the other side has something to lose as well as something to win. Next, as you know from my ancient past, I happen to know something about libel and slander, having successfully defended a number of such cases. Defamation law makes it clear that whatever is said in a court of law is absolutely privileged, even if it is wrong. If a witness accuses me of murder, as long as it is said from the witness stand, such statements are generally protected by our constitution. Such statements carry no such protection if said outside a court of law.

  "You told me early on that the pro-life forces were using the courthouse as a weapon. I suspected, when T. J. began blasting the defendants in this case, that they had chosen this for a major battle. They hired J. Robert Tisdale to get them a giant verdict, and that's why T. J. started attacking us almost every Sunday. The pro-lifers want to focus national attention on our malpractice case, and with T. J., they're succeeding. What he said was absolutely slanderous and I've known it from the start. I wasn't just interested in the one fish with the big mouth. I wanted to cast a wider net in hopes of landing the whole school, and now we have done so. All we have to do is haul them in."

  "Wait a minute, Tod. Quit talking about fishing and let me try to understand what you are saying. Are you suggesting that we are going to sue T. J. and all of these other organizations?"

  "Ah, my confidence in you was not misplaced," he smiled. "You have seen right through to my admittedly devious plot."

  "Tod, do you realize what's going to happen if we add ten or twelve more players to this thing, particularly pro-life organizations? World War III might as well break out."

  "Not so, Jan. Look at it this way. They're already players. They're just not defendants. Remember when we first got involved, you told me that the pro-life forces were using the courthouse to try to put the pro-choice movement out of business. Let's put the shoe on the other foot. They have already succeeded in destroying the career of my client, whom I have grown to respect. He's a damn fine doctor and may never be able to practice his specialty again, all because T. J., as spokesman for His forces, called him a murderer, a baby killer and a butcher. That's slander per se. Don't you see? As a matter of law he has been defamed, and so has your client. It's just a question of damages. They've succeeded in putting my client out of business even without a trial. The next move for them is to push your client into bankruptcy, not just in Houston, but nationwide. If they want a fight, let's give them one. Let's sue them for a hundred million dollars for the damages to our clients. They need to know that this lawsuit may also put all of them into bankruptcy and out of business."

  Jan buried her face in her hands and peaked through her fingers, looking out at the garden as she contemplated what she was hearing. Finally, she spoke, "Boy, remind me to never get on the opposite side of a lawsuit from you. I don't want you ever plotting against my clients. I was kidding about World War III, but that's what we're in for. My clien
t has had to defend these malpractice cases around the country. Maybe it is time to go on the offensive. I'll have to clear it with my local board and also with the national board. What you're fixing to do may have the greatest impact on this issue since Roe v. Wade. Well, you get Dr. Moyo in for a heart-to-heart, and I'll meet with both my boards. Give me two weeks for an answer."

  Jan left the office with a determined look. As she walked past the hallway bell, she clanged it once. Was there such a thing as a six-alarm fire?

  It took two days to catch Dr. Moyo when he was not working in the emergency room. Zeke arrived at the fire station not knowing what to expect. As Tod explained his plan, Zeke's eyes grew big. "Are you saying that this will give me the opportunity to restore my name and also the opportunity to recover all that I have lost?"

  "Zeke, I don't want to promise you anything," replied Tod. "There are no guarantees or warranties that come with lawsuits. If we win, you will have a finding that the slanderous statements of the pro-life forces have defamed you. From what I know about what has happened to you, I have no doubt that you have been damaged. Hopefully, we can convince a jury that your damages are well into the millions of dollars. Again, I can't make any promises. I can't even promise that the judge will let us do this or that there will be any solvent organization that will be able to pay a judgment. I want your name and reputation to be vindicated and I'll do everything in my power to make that happen. One last comment. If we do nothing, the best we can hope for is that a jury will find that you were not negligent and that won't do much to restore your name."

  "You're my lawyer, Tod, and I have grown to have confidence in you. My life is in shambles now. If you think this may improve our chances, I trust your judgment. Let's go for it."