CHAPTER 58
T. J. couldn't resist.. Maybe it was his higher authority, or maybe it was the devil that made him do it. But eight days before trial, he returned to the pulpit. He didn't even tell his staff that he would be preaching that morning, and he specifically did not mention the idea to Johnny Bob. While the collection buckets were being passed among the congregation, he appeared backstage and told the assistant minister that he would take over. Dressed in his white satin robe, he mounted the platform and directed the crew to raise it above the stage. The lights dimmed, the curtains opened and the spotlights focused on the platform thirty feet above the stage. As one, the audience gasped and then stood in thunderous ovation as they realized that The Chosen was above them and was going to preach for the first time since he was jailed. The platform made its slow descent, accompanied by shouts and cheers. Three elderly ladies close to the front passed out and were carried to the back of the auditorium. T. J. stepped from the platform and walked to the pulpit. He let the sound thunder over him for what seemed like five minutes before raising his hands and calling for silence. It was quiet when a loud male voice from the back shouted, "Give 'em hell, T. J."
T. J. laughed and replied, "It's not mine to give, brother, but you can bet that's what they are about to get."
That brought a laugh from the audience.
"Now, my friends, it's time to be serious. As you all know, I've been incarcerated in the Harris County jail for several months. I am a defendant in a case that will go to trial there in eight days. I should say that all of you are defendants because The City of Miracles is also a defendant. We have been sued, along with others, for one hundred million dollars because I spoke the truth."
Shouts erupted. The auditorium was filled with voices yelling, "No!" As T. J. called for silence, the same male voice from the back yelled, "That's bullshit!"
This time T. J. did not laugh, but said, "My friend, while I may agree with you, I must ask you to watch your language in the house of the Lord. If you have read the newspapers or watched the news on TV, you are aware that the judge in Houston has muzzled me. I am not permitted to talk about the trial or what will be going on in Houston. I have given her my word and I will keep it. However, each of you knows me to be a man who stands up for his beliefs. My beliefs go beyond that trial in Houston. In fact, my beliefs are so well known that I have only recently returned from the White House where I conferred with the president about the plague of abortion that is upon this land. So, rather than talk to you about the trial in Houston, let me report to you on what I told the president."
Again, the congregation cheered. Most in the audience figured out that T. J. had neatly sidestepped any orders from the judge by offering to report on his presidential meeting. This time the male voice in the back remained silent as T. J. launched into his sermon, condemning abortion and anyone who would consent to or perform such acts. Careful this time not to mention Houston, the trial, Dr. Moyo or Population Planning, his attack was just as vituperative as the ones that had landed him in jail. Abortionists were baby killers. Abortion clinics were murderous temples of the devil. He didn't stop there, but gave equal time to the Supreme Court, calling their opinion that abolished the Nebraska partial-birth statute a decision that could only come from the depths of hell. He closed with praise for any potential national leader that would condemn abortion and castigated any potential national leader that would endorse it. The next morning, T. J. took great delight in seeing that there was a two-point shift toward the Republican presidential candidate in the upcoming election. The commentators could attribute it to nothing other than The Chosen's sermon. T. J. basked in the knowledge that the country recognized his political power.
***
Ruby erupted again. On Sunday afternoon, she called her clerk and told her to get the lawyers in her courtroom at nine the next morning. Having seen The Miracle Hour, Johnny Bob was not surprised to get the call. In fact, he expected it, but was he going into the biggest trial of his life with one of his clients sitting once again in the Harris County jail? He immediately put Claudia to work on her computer, researching cases to try to find some law that guaranteed that a civil litigant could take his rightful place in the courtroom.
Tod had taken his boys fishing on Lake Conroe, figuring that it would be the last day he would take off for several weeks. He didn't get the message until he listened to his answering machine at nine that evening. He hadn't even heard T. J.'s sermon and had to call Jan to find out what was going on. When he got the news, he was ready to go to court that night. Whatever Ruby was going to do could only be good for his side.
All of the lawyers were fifteen minutes early. They exchanged pleasantries and avoided talking about the case. At five minutes until nine, Judge O'Reilly strode in from the back of the courtroom.
"Counsel, this is going to be very brief. I lay awake half the night pondering what to do about this situation. Mr. Tisdale, I suppose that your client did not violate my order, but he certainly violated the spirit of my ruling, not to mention a direct affront to my request. I give up. I think it's best that any case, and particularly this one, be tried in my courtroom and not in the media. It was for that reason that I ordered you not to talk to the press. I've never had a case where one of the litigants has, literally, a national pulpit and can apparently impact a national election. Further, I've never had a matter where some of the very issues that may be relevant to our case are also issues of national debate. I'm withdrawing my order."
She stared over her glasses at Johnny Bob as she continued. "It's unfair to Mr. Duncan, Ms. Akers and their clients. Mr. Tisdale, if your client can talk about this case in the guise of discussing national issues, so be it. From this point forward, my gag order is withdrawn. All of you and your clients are free to talk about this case to anyone you choose, and that includes the media. I caution you attorneys that you are still bound by the Disciplinary Rules. I suggest that you read them and try not to stray too far from them. Otherwise, go to it. Personally, I'm not going to sanction any of you for what you say outside my courtroom. Mr. Tisdale, I suspect that your side is already adequately represented with the press. Dr. Moyo and Population Planning may need to level the playing field, and if they choose to do it through their lawyers, as far as I am concerned, they can say whatever they want to whomever they want. Let the chips fall where they may."
For a second time, Judge O'Reilly stormed from her bench and slammed the door to her chambers, leaving five lawyers who were rarely at a loss for words stunned into silence.
Tod and Jan moved rapidly. Trial started in one week. All they had to do to draw a crowd of reporters was make a few calls to announce a press conference in front of the courthouse that afternoon. With trial only a week away, the national media had already assembled. The evening news on each of the major networks started with the press conference. First came Dr. Moyo. Unaccustomed to such a forum, nonetheless, he came across as the caring physician that he was. He read a short statement and then answered a few questions before three women, all of whom had abortions earlier in their lives, told their stories. One was a rape victim, one a victim of incest, and the third was an older woman. The first two said that they would have committed suicide if abortion had not been available from Population Planning. Both were now volunteers at the center. The third woman told of her horrifying experience with an illegal abortion before Roe v. Wade. She had complications and was left for dead in a five-dollar motel room, only to be found by the cleaning lady the next morning. She survived, graduated from the University of Texas with a Ph.D. in Psychology and was the former Lieutenant Governor of California. She eloquently made the case for a woman's right to choose.
CHAPTER 59
About a month before the Brady v. Population Planning trial, both teams focused on it and little else. Each set of lawyers prepared a battle plan along with multiple contingencies. Lawyers were assigned specific tasks and witnesses. Briefs were prepared on key points of evidence. Strategy se
ssions were used to debate which witnesses should be called and the appropriate order of witnesses to maximize their effectiveness. The clients had to be rehearsed and prepared for days on end. In a process known in Texas as "woodshedding the witness," the litigants were seated at a table, often with a video camera on them, as their own lawyers peppered them with almost every conceivable question that could come up in the trial. Their answers were rehearsed, their demeanor was criticized, and they were even schooled on when to turn to the jury and smile. The lawyers studied every scrap of evidence. In a case with expert witnesses, they scoured the literature on the experts' subjects until they comprehended it almost as well as the witnesses.
Johnny Bob sent Bernice back to Palestine three weeks before trial. Not that he didn't love her. He had work to do. She understood. She had been married to him for more than thirty years. She still remembered the early days when he would leave home and hole up in a motel on the outskirts of Palestine for days, seeking solitude as he prepared for an upcoming trial. For this one, his team's equivalent of a war room was the living room of the loft shared by Mildred and Sara. It was there that the four of them, Johnny Bob, Claudia, Mildred and Sara, planned their side of the case.
Johnny Bob led the discussion. "Let's remember that we have a plaintiff case to put on. First decision is whether to put on Lucy and her family followed by Moyo and the clinic folks or the other way around."
Claudia spoke up, "I vote for Lucy and her family first. With all that has happened to her, we'll get the jury's sympathy on our side right from the start. Those folks aren't going to like how they abandoned her and almost let her die."
"I agree," continued Johnny Bob, "just didn't want to sway you with my opinion. Claudia, I think you ought to be the one to present Lucy and her mother. I think that your feminine approach will help draw out the emotions that we need from Lucy and her family, as well as the jury. Besides, I think that Lucy will respond much better if you are handling her rather than an old East Texas redneck. We'll talk some more before we decide who will take Aunt Jessie. We want Bo in the courtroom, although I don't see any reason to put him on the stand. He can't add anything that the others won't cover. After that, we'll continue with Dr. Moyo and the two weekend nurses. I figure they'll be well woodshedded so it will take some work to discredit them, particularly Dr. Moyo."
The discussion turned to other potential witnesses, including the Life Flight crew. Mildred was an old hand at these kinds of conferences and while she held no law degree, she had prepared for and helped Johnny Bob try cases for fifteen years. She spoke up. "The judge is going to be pushing us to keep things short. So, I'd leave the crew out and just rely on the lay testimony of Joanna as to what happened before Hermann Hospital. I'd also leave out the counselor at Population Planning. Lucy can talk about what was said. Let them call the counselor if they want."
"Hearing no opposition," Johnny Bob said, "we'll adopt Mildred's plan, at least for starters. Damned if I didn't almost overlook The Chosen. How could I possibly leave him out? Freudian omission, maybe. Sara, get him on down here from Fort Worth. I may have to spend the next week just working with him. Now that the son of a bitch has an even bigger national presence, he's not going to pass up an opportunity to grandstand. I've got to at least try to control him, even though it may be a lost cause. Now comes the big question. If we had our druthers, what kind of jurors do we want? Claudia, you first, since you've been involved in more abortion cases than anyone else."
Pleased to be called on for some expertise that Johnny Bob didn't have, she thought for a minute. "That's a tough one, Johnny Bob. We've got a malpractice case where we want big damages. We've got a counter-action to defend for slander where we want the jury to award no damages and we've got the abortion issue overriding everything. For sure, one size does not fit all. Let's start with categories. Men versus women. I'll go with women on that one and younger rather than older. They are more likely to empathize with Lucy. Your problem there, though, is that a lot of the younger women are going to buy into the pro-choice, a woman's body is her own, yada, yada, argument that they'll hear from the other side. We're going to have to make some individual judgment calls."
Johnny Bob absentmindedly stroked his chin as he absorbed what she was saying.
"As to races, since I'm speaking about my own race, let me be the one to say that abortion is not a big issue in the black community. While there are a few black ministers who come out against abortion, you don't see Jessie Jackson on the picket lines in front of abortion clinics. Additionally, we have a very good black doctor as a defendant. It's a toss-up. I'd be willing to go with one or two carefully selected blacks on the jury. Remember I said carefully selected. Hispanics are going to be condemning everyone in this case. Mostly Catholic, they are going to be against abortion, against the doctors, against the clinics and against a woman who has an abortion. Again, I would think they would be more critical of the abortion clinic than Lucy. All in all, it's a damn tough call. The one thing for sure is that we need as big a panel as the judge will allow. Two or three hundred would not be too many."
"Bottom line, Claudia," Johnny Bob mused, "is that while jury selection is a crap shoot in most cases, it's even more so in this one."
"You got that right, Johnny Bob," Claudia replied, as the meeting adjourned, and each returned to their individual projects.
***
Two miles from downtown a similar meeting was taking place, this one in the war room at the fire station. Over several hours, Tod's team debated how the trial would go and which lawyers would handle which witnesses. As defendants in the primary case, they had the disadvantage of not knowing for certain how Johnny Bob would lay out his evidence. As seasoned trial lawyers, though, they would have a fairly good idea and worked up contingency plans accordingly. Then, they went through the same analysis regarding prospective jurors, as had the other team, ultimately coming to the same conclusion that it was going to be nearly impossible to find jurors who would likely be favorable to them on every aspect of the case.
***
Meantime, the media were having a field day. Johnny Bob held press conferences outside the courthouse. Tod held his in front of the fire station. One of the networks finally talked Tod into a tour of the fire station and got a video of Wayne coming down the fire pole, even wearing a firefighter's hat left over from an old products liability case. That scene was shown on the evening news all over the country. They did a study on Judge O'Reilly and some out-of-state lawyer-commentators pontificated on the legal issues likely to come up and how she could be expected to rule on them. Ruby took note of their learned guesses and vowed to see how often she could rule differently from their guesses without being reversed. Then, she realized that she was falling into the trap of letting the media influence her judgment and mentally chastised herself. Let the media and their so-called experts do and say what they may. She would run this trial just like any other.
***
Back in Fort Worth, T. J. couldn't take it. The media was in Houston and even though he held press conferences, they had heard what he had to say so many times that only the local papers and TV stations attended. When he got the call from Sara that he was needed in Houston, it was time to make an entrance, and a grand one at that. It only took two days for him to reassemble the faithful and a giant fleet of vehicles for another caravan to Houston.
They planned their route to stay off the interstate highways. His publicity department made overnight buys of radio spots on every small town radio station between Fort Worth and Houston. The ads encouraged his followers to join the caravan as it came through each town and, not surprisingly, they did. What started off as a few hundred vehicles grew as the caravan passed through each small town. T. J. talked on the loudspeaker mounted on the top of the van, horns honked and a few sirens blared from pickups outfitted for volunteer firemen. The caravan could not be missed as it passed down main streets along the route. The numbers grew. As the caravan approached Hempstead
, fifty miles northwest of Houston, the Houston Police Department got a call that there were over a thousand vehicles bound for a rally in front of Population Planning's main Houston clinic. When the caravan approached the downtown Houston exit, the vehicles left the freeway, passed in front of the courthouse and headed two miles out of town to the clinic.
The police had the wisdom to man each intersection as they waved the caravan through. T. J. had his audience. The national media learned they were coming. Once again helicopters circled overhead. National reporters, including The Washington Post along with the New York Times, the major networks and PBS had been in town for over a week and had exhausted stories of local interest. They were ready for an event, and T. J. gave them one. He double-parked his van right in front of the clinic as the remaining thousand vehicles slowly passed by and searched for parking places. Given no choice as the masses grew, the police blocked off the entire street for four blocks in either direction. Not to be outdone, the Bishop of the Galveston-Houston archdiocese joined the throng in front of Population Planning. When T. J. heard the Bishop was outside, he invited the Bishop into the van. Shortly thereafter, the van was transformed. Maybe it was not the reason that it was called The Miracle Van, yet it was impressive nonetheless. Buttons were pushed and the roof of the van was changed into a twelve-foot tall speakers' platform. Rails rose from all four sides. A podium, complete with microphone, appeared in the middle. Loudspeakers magically appeared at the van's four corners. A stairway descended inside to the feet of The Chosen. Reverend Luther invited the Bishop to join him topside. The crowd had now grown to several thousand and the cheers were deafening as The Chosen and the Bishop appeared on the roof. It took ten minutes to calm them down. T. J. spoke briefly, "My friends, I have come to the den of the tiger. I have come to the cave of the dragon. I have come to slay the lion with only my bare hands. I need nothing more for I have God on my side."
So Help Me God Page 30
