So Help Me God

by Larry D. Thompson

  "Yes ma'am. They have been so instructed. I'll warn them again today."

  "The bottom line is that I'm getting requests for 'press passes' for our trial. You can see the size of my courtroom. I couldn't even accommodate the number of reporters that have already contacted my clerk, much less leave any room for the general public. You saw Judge Hardman leaving here before we started. He and I have agreed that we are going to check on the availability of the South Texas auditorium for this trial. Anybody have any problem with that?"

  Johnny Bob spoke first. "No, ma'am. That's my alma mater. I've lectured in that auditorium and think that it would be just fine."

  "Mr. Duncan?"

  Again he conferred with his co-counsel before agreeing.

  "The next issue is a little more vexing. I've got requests from Court TV and four networks to broadcast our little proceeding live. What do you have to say about that?"

  The judge stopped Johnny Bob before he could speak. "Mr. Tisdale, I suspect I can guess what the position of your clients is on this subject. I want to hear what Mr. Duncan has to say."

  This time Tod did not have to confer with anyone. He almost jumped to his feet. "Your Honor, I'll have to object to television in the courtroom. It could impact on the demeanor of witnesses, lawyers and even the jurors. Besides, you've complained about this being a multi-ring circus. If you allow television in the courtroom, you might as well invite those elephants, tightrope walkers and clowns you talked about. There's no reason why the public can't be informed by reporters without a live telecast."

  "Thank you, Mr. Duncan. I expected that position and understand it. I, myself, have been anticipating this request for some time now and have been wrestling with it. Our Constitution guarantees public trials and I'm certain that our founding fathers did not anticipate television. I'm mindful of my concerns about the circus-like atmosphere, so this may seem like a hypocritical ruling. However, we lawyers and judges have got to evolve with the times. I've decided to permit video cameras in the courtroom. It will be arranged so that the video will be a single feed, if I'm using my TV terminology correctly, that will be available to any of the media that request it. That's another reason to try this case at South Texas. As you all know, they have an audio-visual control booth at the back of the auditorium. The cameras will be located so that they will not interfere with any witness or lawyer. In fact, I hope that you all will forget that they are there. We are going to have a tight, short trial and if any of you think that you are going to become the next Johnny Cochran, you'd better think again." As she made the last remark, she looked directly at Johnny Bob who managed to suppress a smile.

  "Now, do we need to discuss anything else? If not, I suggest that you all start exchanging deposition excerpts, exhibits and so forth. We'll have a pre-trial hearing on the Wednesday before trial. I'll consider motions at that time also. Mr. Tisdale, you should be looking at that list of experts you designated. I can guarantee you I won't let you call all of them. At best, I'll allow two or three on that 'when life begins' issue. By the way, if you choose to file a habeas for Reverend Luther, would you be so kind as to favor me with a copy? You are excused."

  The front page story in the next day's Chronicle announced T. J.'s change in status and his imminent release, including a quote from T. J. who pointed out that he could not discuss the upcoming trial. He praised Judge O'Reilly as being one of the most fair, knowledgeable and competent judges in the whole state. Certainly, he was willing to abide by her ruling.

  ***

  Tod, Jan and Wayne retired to the fire station after the hearing. It would be the last time that they would meet in Tod's office because they were going to assemble the war room. Tod summoned Marilyn to join them at the window table. When she arrived, he started giving her orders. "Marilyn, let's get the war room ready. Move all the file materials in there. Set up a second computer and plug in another phone. Then start gathering everything you can find on every one of these experts that they've designated…the usual stuff, any articles or books they've written, prior depositions, prior testimony."

  "I'm ahead of you, boss," interjected Marilyn. "I moved the file into the war room over the weekend. It's all set up. The depositions are indexed. I've got them loaded onto a laptop computer for use in the courtroom. I've got pads, markers, boxes of yellow stickies, probably everything you guys will need. I do need to add the second computer and find another phone around here to plug in there. It's basically ready for you. As to the experts, I'm working on them and should have what you need in a week to ten days."

  Tod smiled at the efficiency of his legal assistant. Every good trial lawyer needed a paralegal like her. By the time of the trial, she would know the case as well as he. She would also keep boxes of evidence, pleadings, briefs and exhibits in perfect order.

  "Thanks, Marilyn. Stick around. As usual, you need to know what is going on." He turned to Jan and Wayne. "Okay, give me your take on the hearing this morning."

  Wayne jumped in, knowing that if he didn't, he might not get to say anything. "I think the judge did what she had to do. She's right. If we can watch the wars around the world live and in color, folks ought to be able to watch national events just the same. And, guys, in case you've both had your noses buried in discovery and hearings, this is the first big national trial since O. J. tried on the gloves that didn't fit. With the pro-lifers not doing so well elsewhere, like the current United States Supreme Court, from what I hear they're making our little old lawsuit their flagship for an all-out assault on abortion via the courthouse. Expect them to be generating all of the publicity they can. If they can win this one, abortion clinics across the country have to look out. I'm talking lawsuits, not bombs and protestors. Most of these folks on the religious right don't like it when the courts are used to attack tobacco and guns. Abortion is a different story."

  "He's right, Tod," Jan joined in. "Grace may not have told you. We are already getting calls from the media, wanting to do 'background' interviews. Like it or not, we've got to play by Ruby's rules. Still, we have got to get our story out to the media, too. Otherwise, we're going to be left at the starting gate when we pick a jury."

  With a sigh, Tod agreed, "Okay, call in the make-up department. Let's brush a few of the wrinkles off this face and spray down my hair. In the meantime, let's return to something a little more important, and that's our trial. How are you coming with experts, Jan?"

  "No sweat, Tod. Fortunately, my contacts on the pro-choice side are just as good as Claudia's on the pro-life side. You know I've already got a University of Texas professor of obstetrics on board on the malpractice issues. Interestingly, he's added a new wrinkle. He says that if Lucy hadn't thrown up her antibiotic on that first day there's a possibility she might have fought the infection off. It's only a possibility, mind you, and that still doesn't help us with the perforation. At least it raises one possible defense that I suspect the other side hasn't picked up on. It's not Lucy's fault, but Zeke clearly was entitled to expect that she would take her medications. As to the other experts, I'll give you the list along with their resumes in about a week, and assuming you're satisfied, we'll get reports out of them with time to spare.

  "Now, the issue is not when life begins. No scientist seriously quarrels with the notion that there is life at conception. As a matter of fact, there's life before conception. How else do you figure those little sperm could swim all that way to find the egg, which also is considered a living thing? The issue is when does a human person come into existence. That will be our issue in this trial, and also one, I might add, that has been debated at least as far back as Aristotle."

  Tod and Wayne got wide-eyed at the dissertation and Wayne spoke for both of them. "Are you telling us that when they listed a philosopher and a priest as experts, they were for real?"

  "Gentlemen, as real as life itself. Go read Roe v Wade. You'll find that even the Supreme Court addresses theology and philosophy as they relate to when human life begins," she replied as she re
ached into her briefcase and pulled out six books. "All of these books are on the abortion debate. Since you guys haven't been involved in it much up until now, I suggest you get to reading. Some of them are pro-choice and some are pro-life. You'll need to know the arguments on both sides. You'll find the debate most interesting, and I might add, most remarkable."

  Tod propped his elbows on the table and rested his chin on his intertwined fingers as he asked, "Okay, so there's an argument and I'm going to read those books. At least tell me the answer?"

  Jan grinned. "That's just it. So far, this dispute is at least twenty-five hundred years old and there is no answer that will satisfy the pro-lifers and the pro-choice folks. It's like your old high school debates. A logical argument can be made for both sides."

  Tod was not often stumped by the science of the issues he dealt with as a trial lawyer. This time his eyes momentarily glazed over and then cleared. "Okay, Wayne and I will do our homework. In the meantime, let's start working on the malpractice claims against our clients. Marilyn, call Zeke and tell him we need some of his time. Matter of fact, we're going to need a lot of his time. See if he and his family can come out to my house on Friday night for barbecue. I want to take his pulse, so to speak, as we get close to trial. Jan and Wayne, if you're available, join us. We'll combine a little relaxation with some beginning discussions about trial. Marilyn, while you've got him on the phone, have him set aside two other days, one in the next couple of weeks and one during the week before trial."

  CHAPTER 54

  Contrary to its reputation, Houston is not always a hot, humid and impossible place to live. In fact, from mid-September through mid-June its climate is close to ideal, particularly the fall months when the days are warm and the nights pleasant. On one of those pleasant nights Dr. Moyo parked his Explorer in front of Tod's house. He and his wife and two girls started toward the front door when they saw activity in the driveway, a one-on-one game of basketball. They watched momentarily before interrupting when the ball flew out of bounds into the adjoining soccer field.

  "Good evening, boys," said Dr. Moyo. "Is it okay just to come around this way?"

  "Oh, hi, you must be Dr. Moyo. Sure, Dad's in the backyard getting the fire started in the barbecue pit. I'm Kirk. This is my brother, Chris. He's younger than me so I let up on him a little when we're playing basketball."

  "The heck you do," Chris shot back. "You haven't let up on me in basketball in three years. You just don't want to admit that your little brother is better than you!"

  Hearing the exchange of voices, Tod rounded the corner before Kirk could reply.

  "Welcome, Zeke."

  "May I introduce my family, Tod," replied Dr. Moyo. "This is my wife, Marian. These are our daughters, Erica and Elissa. They are seven and five."

  Marian was an attractive black woman with a definite British accent. Erica and Elissa could have been twins, both shy and obviously going to take after their mother as they matured.

  "Can I get you something to drink?" asked Tod.

  "I suspect the girls would like a Coke and since I'm out of the obstetrics business temporarily, I don't have to worry about being on call; so, I'll take a beer if you have one."

  "Dad, before it gets dark, can we get Dr. Moyo out on the soccer field? I'd like to watch him in goal and see what I can learn before the regional championship next week." Kirk asked.

  "Well, son, I didn't bring any soccer clothes or keeper gloves. I suppose that if my wife doesn't mind a few grass stains on my pants, and if you can loan me a pair of gloves, we can work in goal for a little while," Dr. Moyo replied, a look of anticipation on his face.

  "You're on, Doc," said Kirk. "I'll get you a pair of gloves."

  Wayne and Jan soon joined them, and while the charcoal burned down to an appropriate level, they all pulled up lawn chairs as Kirk and Zeke took turns firing shots at each other in the goal. Zeke kicked balls all around Kirk and each time Kirk missed, he would stop and explain what Kirk might have done differently to stop the goal. Then it was Kirk's turn. Zeke forgot about his age, and previously clean clothes, and took everything Kirk could give him. As Tod watched, he began to understand why, on their first meeting, Zeke had said that his quickness and hand-eye coordination made him an excellent surgeon. After about twenty minutes, Zeke made a time-out sign with his hands.

  "I give up, Kirk. You're becoming a fine goalkeeper. I'm an old man and now I must have my beer."

  Tod was on the field before he could reach the sidelines, beer in hand.

  After hamburgers, beans, potato salad and ice cream, Jan invited Marian and the girls into the house while Tod, Zeke and Wayne remained outside, sipping beer. The boys adjourned to the basketball court, now lighted. Tod opened the more serious part of the evening's conversation.

  "So, tell me Zeke. How are you doing with all of this? You've been through a lot."

  "I have, Tod, and so has my family. All in all, we're doing okay. I want to get this over, the sooner the better. I enjoy emergency work, but that's not where my heart lies. Frankly, after all the publicity in this case, I don't think I could ever rebuild my obstetrics practice. Instead, I've applied at Baylor for a position as an assistant professor in their obstetrics department. My credentials are good enough that I am being seriously considered. I just need to get this abomination behind me."

  "Okay, then you've just answered my next question. We'll be going to trial in four weeks, come hell or high water. If you thought this case has had a lot of publicity, you ain't seen nothing yet. The media are going to be swarming all over this town. You might as well warn your neighbors to be expecting television vans parked in front of your house. I don't want you to ever talk to them, but don't be surprised if some enterprising young reporter decides to do a remote right smack in front of your mailbox."

  Next, Tod launched into a discussion of what to expect over the next several weeks and then asked Zeke about the reports of the plaintiffs' experts. Zeke jumped into the discussion with a dissertation of the various theories of when life begins, touching on ensoulment and when a life form becomes a human being. He had lectured Tod and Wayne nonstop for forty minutes when Jan called out the back door, "Tod, you better come see this."

  Jan and Marian were watching the ten o'clock news while the boys entertained Erica and Elissa with computer games in the den. The announcer had just finished his introduction to a press conference held earlier by the President of the United States when President Andrew Foster appeared on the screen behind the podium in the White House press room, answering a question from a reporter.

  "…as a matter of fact, it's clear that choice for women continues to be a topic that has polarized our society. The recent decisions of the Supreme Court mandate a dialogue on this subject. I hope to bring the pro-life and pro-choice forces together here at the White House to begin the process of seeking a solution to this most difficult of issues. Of course, my administration and I are strongly in favor of the right of a woman to choose what to do with her own body, but there are opposing views. It is for that reason that I am inviting the President of NOW and the Reverend Thomas Jeremiah Luther to meet with me here in two weeks, assuming, of course, that the Reverend Luther is released from jail in Houston by that time. I am in the last few months of my administration. If I cannot bring resolution to this question before I leave office, I certainly intend to start the dialogue by bringing the parties together."

  A voice came from the audience. "Mr. President, do you have any comments on the upcoming trial in Houston?"

  "Well, I suspect you know that I have opinions myself and they are well known to most of the country. However, I respect the sanctity of the judicial system and am certain that the judge and jury will do the right thing. That's all that I should say about an ongoing judicial proceeding with a trial occurring in a matter of weeks. Thank you, ladies and gentlemen."

  "Tod, does this impact on our trial?" Dr. Moyo asked.

  "Zeke, everything in the media from now on im
pacts on our trial. The fact that Luther has been invited to the White House will not go unnoticed by the media and the public. We'll file a motion to keep it out of evidence and will probably succeed. Still, any prospective jurors who watch the ten o'clock news, and that's nearly everyone in this town, are going to be aware of it. Certainly, it increases his stature. We'll just have to deal with it."

  ***

  Downtown, Johnny Bob and Bernice had just returned from a play at the Alley Theater when they caught the last of the news. Johnny Bob watched with amazement before proclaiming, "Son of a bitch! How the hell did he pull that one off? The Chosen just made damn sure that he'd be out of jail in a week. I don't think that Ruby wants to go up against the White House. Bernice," he yelled, "this calls for a scotch and a big one at that. I may not agree with everything that old T. J. does. One thing's for sure. He sure knows how to get attention."

  The television in the deputy lounge of the Harris County jail was also turned to the news. T. J. and two deputies were watching as the president appeared on the screen. His plans continued to work. Of all of the potential pro-life spokespersons, President Foster had picked him.

  "Well, I'll be hornswaggled," said one of the deputies. "Reverend, would you look at that. You're being invited to the White House. Ain't never had one of our prisoners go from our jail direct to the White House. You reckon you could get us the president's autograph?"

  "Don't know," T. J. replied with a sly smile. "I bet I can probably swipe a few White House napkins, though."

  In her house in the Memorial area of West Houston, Judge O'Reilly watched the same broadcast and cursed. She didn't like outside interference with anything in her court. While the president never mentioned her trial by name, just the fact that T. J. was going to the White House would have an impact, exactly how, she was not sure. And besides that, now she had to let Reverend Luther out of jail early. The president had just presented him with a "Get Out of Jail Free" card. All she could do was come down hard on T. J. about discussing the trial or anything to do with it. Her last thought as she fell asleep was "Let's get this bastard over." That was not a prayer but a fervent wish.