Tod smiled as he heard his client's response. He liked being the aggressor.
A week later he heard from Jan. She had gotten clearance from her client's national board. Tod and Jan wanted to bring this action in the original Brady case although there were strong legal arguments against such a tactic. Even conceding that they could maintain such a cause of action, which was not an issue in their minds, they could expect Johnny Bob and Claudia to fight to make it a separate lawsuit. They would push for a different judge and a different trial schedule, one that would put them in front of a jury long after the Brady case was over. Besides, Brady was a malpractice case. It should not be cluttered up with an action for slander that had nothing to do with malpractice.
Tod and Jan had to figure out a way around such an argument. Jan had an idea that led to the theme of their motion. The Texas Rules required that if a third-party action were to be joined with another predecessor lawsuit, it had to arise out of the same set of facts. It also helped if an argument could be made that it would make for judicial economy if both cases could be tried before the same judge and jury. Jan carefully crafted a motion, pointing out that the slander that had been inflicted on Dr. Moyo and Population Planning arose out of the same factual scenario that led to Lucy Brady's lawsuit. The underlying facts would be exactly the same. The only addition would be the slanderous comments of Reverend Luther as spokesperson for the pro-life forces, and they all tied back into the abortion performed by Dr. Moyo at the Population Planning Clinic. It would be a close call. Judge O'Reilly had a tendency to try multiple issues at one time. It was worth a shot. With a little luck, they would hit a bull's eye.
When Johnny Bob saw the motion to sue the pro-life forces, he understood all of the maneuvering that Tod had done. "Well, I'll be a goddamned country lawyer if I ain't been slickered," he said to Claudia. "That's one fine move that Tod has put on us. I haven't seen such a nice move since Michael Jordan played for the Bulls. Claudia, we have a chance at winning this motion. There's not a real basis for attaching this slander lawsuit to our malpractice case. You ought to find plenty of law to support our position. Go to it, girl. The hearing is in seven days."
While Claudia's brief was brilliant, it wasn't good enough. Probably what carried the day for Tod and Jan was nothing that Johnny Bob could control. Another courtroom full of reporters with even more remote television vans parked outside watched as the judge listened carefully to both sides and then ruled that the defendants could sue T. J. Luther, The City of Miracles, and the dozen other pro-life organizations in the Brady lawsuit. As she made the ruling, she commented, "Gentlemen and ladies, I like circuses, but I prefer the kind that have elephants, tightrope walkers and clowns." Glancing at the audience of reporters, she continued, "While we may have an abundance of clowns, I don't like media circuses in my courtroom. If I don't combine these cases, I'll have two circuses. In my mind, that's one too many."
Turning back to the lawyers, she continued, "Mr. Duncan, you get your citations served pronto. I presume that you gentlemen and ladies have heard of a fast track. Well, you ain't seen nothing yet. Consider that you are all on one of those European high-speed bullet trains. It's going to arrive at the station in four months. I expect you all to be ready for trial. Mr. Tisdale, I feel certain that you have some contact with the new third-party defendants. I recommend that you get on the phone with them today. Tell them to get their act together in a hurry and not to waste their time in asking for a continuance. However, you can also advise them that I'll entertain a motion for summary judgment for any of them that can show me that they were not involved with Reverend Luther and his comments. I don't want anyone who doesn't truly belong in this fight."
The print reporters scurried to use their phones. The television reporters raced to broadcast the story throughout the country. Tod commented to one reporter as he left the courthouse, "The price of poker has just gone up."
Johnny Bob and Claudia used the back door of the courthouse to avoid reporters and cameras as they walked the two blocks to the Harris County jail to inform T. J. of the development.
When they took the elevator to T. J.'s floor, a deputy met them at a reception desk. Discovering that they wanted to see T. J., his eyes brightened. "Oh, you want to see the preacher man. That won't be very hard. He's in the deputy lounge on the telephone. I think it's to Fort Worth." Seeing the surprised look on their faces, he continued, "Well, you know, it's not like he's a murderer or even a robber. He's here because of what he believes. He's not gonna go anywhere. So, we pretty much let him have the run of the place until lights-out at ten. He's a real helpful fella, too. Matter of fact, a bunch of us used to watch his Sunday morning service even before we got to know him on a first-name basis. You want to see the Bible he personally autographed for me? I'm saving it to give to my wife on our anniversary."
Declining the invitation, they were shown into the lounge where they found T. J. sitting in an easy chair, feet propped up on a coffee table and talking on a cell phone. When he saw them, he ended his call and rose. "Howdy, Johnny Bob. Who's this lovely lady with you? On second thought, I know who she is. I talked to her a couple of months ago. I was just on the phone to the Fort Worth Star Telegram. They're running a front-page story on me being in jail in their Sunday edition and wanted a few quotes. I gave them an earful. That's the fifth interview I've done this week. I'm really trying to limit interviews to national media, Time, Newsweek, USA Today and the networks. This, though, is my hometown paper and I always feel obliged to help my friends."
Johnny Bob and Claudia sat on the couch opposite T. J. and filled him in on the morning's events. As he explained the lawsuit to be brought against The City of Miracles and the others, Johnny Bob saw a flicker of concern cross T. J.'s eyes as he mentioned one hundred million dollars. Then it was gone and T. J. spoke. "So, tell me the truth, Johnny Bob, did you underestimate this Tod Duncan? Is he out-lawyering you?"
"Nothing of the sort, T. J. Like a good prizefighter, Tod saw his opening and landed a good blow to the body. I gotta tell you, though, I didn't expect you to be quite so vicious in your attacks on Dr. Moyo and the clinic."
"Just did what I had to do. They are murderers and there's no way to sugarcoat the truth."
"Well, T. J., sometime you and I just might debate that, but not now. We've got to do some planning. You're about to be served with a petition along with the rest of your forces. The first decision is whether there's a conflict of interest among the consortium. While some of the others may not like how you said things, not one of them has disagreed, at least not to my knowledge. Besides, they all agreed that you would be the person to galvanize public opinion and expected you to be speaking from the pulpit on this lawsuit. So, while they may not like getting sued, particularly for a hundred million, my recommendation is that you all have one lawyer. I'd like that much better since I don't want to have to get a consensus from a dozen other lawyers when decisions have to be made."
"Don't disagree, Johnny Bob. Who'd you have in mind?"
"Far as I'm concerned, the pro-life groups' lawyer is sitting right here. Frankly, I don't know of another lawyer who has as much standing with them as Claudia, and I can tell you she is first-class."
Claudia sized up the situation and quickly decided that she liked the idea of being something more than second chair to Johnny Bob. "Assuming we have a meeting with the rest of the groups and they agree, I'm available."
As they left the deputy lounge, Johnny Bob paused and turned at the doorway. "By the way, T. J., you may want to cut down on those interviews. If things heat up much more, we're going to get a gag order from the judge. Not only will you be locked up, but there'll be a zipper on your mouth. Won't be pleasant."
***
Three days later the general chaired another meeting of the consortium in the Miracle City Board Room. Johnny Bob and Claudia were there to brief them. All of the various representatives recognized that they were in the middle of the fight now, no longer just obser
ving from the sidelines. They were well aware of her reputation and agreed that she could represent the group, including T. J. and The City of Miracles. They were concerned about T. J. He already had created enough trouble. Johnny Bob assured them that he would be locked in the Harris County jail for awhile. As a party to the lawsuit, he wasn't going to say anything. As a matter of fact, he advised the group that he expected Judge O'Reilly to put a gag order in place at the first opportunity, probably when all parties were in the case, and were subject to her mandate. Johnny Bob failed to recognize just how pissed off T. J. was. Had he known, he just might have tried to put a muzzle on that alligator himself.
CHAPTER 47
Lucy burst out the door of her room to the garden where she found Jessie reading. "Aunt Jessie, we need to go to Houston to see T. J."
"Lucy, you know T. J. is in jail."
"But, that's just why we need to see him. I just got off the phone with him and he says he's lonely. Besides, he says that he's really in jail because he's trying to help me."
"Look, Lucy, it's too long a drive for a short visit. The judge will probably let him out soon enough."
"Aunt Jessie, you know that I don't have any friends right now besides T. J. He's the reason I'm doing so much better. His counseling is what convinced me that even though I was raped and had an abortion, I'm still a woman and entitled to live a normal life. I'm entitled to have a husband and maybe even kids and a dog. Please, Aunt Jessie. We can even visit Mom and Dad."
The last plea finally convinced Jessie. The next day she and Lucy loaded her Jaguar with a few snacks and soft drinks and pointed the car south toward Houston.
Not surprisingly, they found T. J. in the deputy lounge. T. J. gave them both a hug and thanked them for coming.
"I really miss seeing the people I cherish," T. J. continued. "Jessie, you and Lucy and Lucy's family have become like family to me. I don't mind being in jail. Still, it's good to see familiar faces occasionally. Tell me, Lucy, how are you holding up with all of this?"
Lucy hesitated as she collected her thoughts. "I know that we're doing the right thing. I'm scared of being involved in the trial and having to get on a witness stand. I just want it over so I can try to have a real life."
Jessie interrupted. "Don't you worry, honey. I've told Mr. Tisdale this is taking a toll on you. With his help and T. J.'s we'll all get through it. I just hope it's worth it in the end."
"Jessie, I can promise you that is not even an issue," T. J. replied. "We will prevail."
As he finished, there was a knock on the door and a deputy told them that time was up. As Jessie got up to leave, Lucy turned to Jessie and said, "Aunt Jessie, can I have one minute with T. J. alone?"
A puzzled look flitted briefly across Jessie's face before she nodded and left the lounge.
CHAPTER 48
It was the second Saturday after T. J.'s incarceration when it started. Several of the local pro-life groups decided that they needed to show their support for The Chosen. After alerting the local media on Friday evening, about forty of them showed up on the sidewalk in front of the Harris County jail where they were met by the Chronicle reporters and crews from two local television stations. Their signs were not particularly original. "Free The Chosen." "Whatever Happened to Religious Freedom?" "Let Our Leader Loose." "Why Is The First Amendment Only For Murderers?" They waited until the cameras were rolling and began circling the sidewalk, chanting, "Free The Chosen Now!"
After a few minutes, a local Baptist minister picked up a bullhorn and delivered a short sermon focusing on the depravity of a society that would jail such a great man as The Chosen yet allow abortionists to walk the streets. He made sure that he kept it short enough for a good sound bite on the evening news.
From a window high above, T. J. looked down on the small assembly. Few though they were, it was a start. Grabbing his cell phone, he called The City of Miracles' public relations department to make sure that they picked up any local stories and forwarded them for national distribution. He also directed one other event for the following weekend. If he were to be a martyr, it was time for more attention.
On the next Saturday morning, an assortment of motor homes, mini-vans, passenger cars and pickups filled the parking lot of The City of Miracles. Nearly all of them had writing about T. J. and the lawsuit on the windows. At six-thirty the message over the loud speaker told them to move out. The vehicles followed a large motor home owned by The City, with permanent lettering on the sides and back, inviting others to "Follow Us To A Miracle." The caravan was on its way to Houston. With headlights on and horns blaring, they left the parking lot and fell in line behind the motor home. This time the national media were in attendance, complete with helicopters following the several-hundred vehicle caravan. Five hours later, they arrived in Houston and filled the parking lots around the Harris County courthouse. Soon a thousand protestors shouted, "Free The Chosen." The caravan and demonstration were on the national news for the rest of the weekend. Now the whole country recognized that Reverend Luther sat in jail because he stood up for his religious beliefs.
On the Monday after the Miracle City caravan and demonstration, Judge O'Reilly's clerk called each of the lawyers. She ordered a command performance at five o'clock Tuesday afternoon. At the appointed hour, Johnny Bob and Claudia arrived from Palestine. Tod, Jan and Wayne joined them in the Judge's chambers.
"Good afternoon, counsel," she began. Her demeanor was solemn and determined. "Please be seated. When I first saw this case, you all know that I anticipated that it had the potential to be a media circus. Under the circumstances, I don't want to be called a prophet, but it looks like I was exactly right. However, I did not anticipate that I would be accused of religious persecution and I don't like that accusation one damn bit. Mr. Tisdale and Ms. Jackson, I want you to make it perfectly clear to your client that all he has to do to get out of jail is to act like any other citizen of this state and answer questions in a deposition."
"Yes, ma'am. We have made that very clear to him," Johnny Bob responded.
"Frankly," the judge continued, "I have more than a strong suspicion that your client is orchestrating all of this as a means of attracting attention to himself and to this case, but there's nothing I can do about that. I'm not letting him out of jail. However, in light of what happened here on Saturday, I'm imposing a gag order on this case. I have no doubt that all I have to do is to tell such fine counsel as yourselves not to talk to the media and you will follow my instructions. For the benefit of your clients, most notably yours, Mr. Tisdale and Ms. Jackson, I will issue a written order by nine a.m. in the morning and that order will remain in effect until this case is over. I can't stop the media from their feeding frenzy, but I can make damn sure that the parties don't throw chum in the water. Anybody disagree?"
Knowing they had no choice in the matter, each lawyer agreed.
"Very well. The order will be in written form in the morning. Please advise your clients that it is effective immediately."
Tod and Jan used cell phones to call their respective clients while Johnny Bob and Claudia took the short walk over to the county jail. When they arrived, they found T. J. helping the guards pass out the evening dinner trays. After he finished, he joined them in the deputy lounge.
"Do you have the exclusive use of the guard's lounge, T. J.?" asked Johnny Bob.
"No, of course not, although I spend a good bit of time in here when I'm not ministering to the other prisoners. The guards are kind enough to leave me alone when I have visitors or when I am using my cell phone. They've been very gracious to me. I've even agreed to be a visiting pastor at a couple of their churches when this is all over."
"We've just come from Judge O'Reilly's court and she's now issued a gag order. That means that you can't talk to the press anymore, no contact with the media by you or anyone at The City of Miracles."
"Well, ain't that just a damn fine kettle of fish," T. J. replied, not hiding the anger that was seething through
clinched teeth. "I'm just more than a little pissed off with this judge and what she's doing. I'm doing God's bidding. It's that damned Dr. Moyo and the murder clinic that are the criminals in the eyes of God. Instead of punishing them, she throws me in jail and now I'm not even allowed to talk about my case. I had 60 Minutes coming in here for an interview, and you're telling me I can't talk to them. Damn it, my whole purpose is to get the media and the public on our side. I want twelve jurors who already have their minds made up when you put them in the box."
"Well, T. J., you see, that's the whole problem," Johnny Bob said. "This judge is one smart cookie and she's wise to your plan. You can remain in jail and play the role of the martyr. The media is onto the case, and it's not going away. You just can't call the shots."
T. J. reluctantly agreed to do what he was told, knowing that he was going to ignore his promise. Unfortunately, no one thought to advise the deputies of the judge's ruling only the evening before. T. J. told them that a 60 Minutes crew would be there on Wednesday morning. That led to every inmate, T. J. excepted, of course, spit-shining the entire floor. The guards personally straightened up the deputy lounge and two guards brought flowers from their wives to brighten up the place.
The cameras arrived at nine a.m. and were rolling by ten o'clock. The producer explained that they would lead with a segment on T. J.'s life, leading up to his years in a coma, his awakening and his return to the pulpit. That would be followed by his miracle that caused Lucy to walk again and then the lawsuit, including the claims and counterclaims. The last part of the introduction would be the decision of The Chosen not to answer questions in the deposition. Then, the reporter would start the interview from the lounge. After a series of softball questions, the reporter asked T. J. why he had refused to answer questions and T. J. took over.
So Help Me God Page 24
