So Help Me God

by Larry D. Thompson

  ***

  Opening statements are considered by trial lawyers to be of utmost importance. They serve to set the stage for what is to come and provide a road map of expected evidence for the jury. Good lawyers always hope that by the time they complete their opening statement, they will have the majority of the jurors ready to vote for their position. No more evidence needed.

  On this Tuesday, the second day of trial, Johnny Bob dressed in a gray suit with a red tie. As he and Claudia approached the law school, the barricaded crowds and media met them. While he had arranged for Mildred to meet Lucy and her family to escort them through the side door, he and Claudia walked down the center lane between the opposing factions, cheers still came from one side and boos from the other. On the pro-life side, the crowd started a baseball stadium-like wave, only with this one in a long line rather than circling a stadium. Johnny Bob saluted the pro-life crowd and acknowledged the pro-choice boos with a wave of his hand. Claudia felt more intimidated and merely walked beside Johnny Bob, eyes straight ahead. They ignored the reporters' requests. Perhaps, they would have time to answer a few questions at the end of the day. It would become their daily routine.

  Tod did it just a little differently. He told Wayne and Jan to take their clients through the side entrance and he took a walk alone through the crowds. Not one to be upstaged for dramatic flair, he gave the appearance of Gary Cooper walking down main street at high noon, the lone sheriff out to meet the bad guys. Tod walked down the middle of the street determined, confident and in control, refusing to acknowledge the presence of the crowd, the police at the barricades or the media. Whatever happened, he was prepared to conquer.

  T. J. had to be his own man. Striding down the middle lane, he greeted "his fans" like a movie star going to the premiere of his latest picture. He shook hands with some and high-fived others. He paused for autographs and waved at any camera pointed his way. At Johnny Bob's insistence, the only thing he didn't do in the morning was agree to an interview. If he talked to the media, he was to make it at the end of the trial day, preferably after conferring with his lawyers.

  The jurors were directed to a parking lot behind the building where they were met by deputy sheriffs and escorted to yet another door in the back of the building and away from most of the crowds. A couple of reporters found them and snapped pictures. Otherwise, the plan to shield them as much as possible from the crowds and media worked.

  To get one of the three hundred seats in the middle section of the auditorium, one had to be in line by four a.m., a line also barricaded and patrolled by deputies that started at the building entrance and snaked around the corner to the side street. Judge O'Reilly correctly guessed that the most fervent on both sides would want a place on the inside. She made sure that tempers didn't flair or that fist fights didn't break out among those who would soon be in her courtroom. So, there were restrictions enforced in this line. No signs. No lapel pins. No discussion of the trial. No discussion of abortion. The only thing she couldn't do was ban reading material, and by the second day, the pro-life forces learned to make themselves known by carrying a Bible. At first they were just family Bibles carried from home. As the trial continued, and the pro-lifers noticed that T. J. always carried one in a gold cover, more and more gold covered Bibles appeared in the hands of his pro-life supporters. Judge O'Reilly saw the Bibles but knew that the first amendment tied her hands and did nothing about them.

  At eight-fifteen on Tuesday morning, and each trial day thereafter, the doors opened to the spectators and media, with separate metal detectors for each group. Numbered cards were handed to the lucky ones as they walked through the metal detectors. They were directed down the hall to the elevator to the fourth floor where they surrendered their numbered cards at the entrance to the auditorium. Mr. Buschbahm parked in the juror parking lot and entered through the back door. Each of the deputies knew that he had the one reserved seat and at Ruby's direction, they told no one.

  As she would sometimes do throughout the trial, the Judge assembled the lawyers in her small office about eight forty-five. As they entered, she said, "Good morning, Counsel. I'm pleased you were able to make it here on time, considering the madhouse downstairs. I'm surprised we don't have vendors selling peanuts, popcorn and cotton candy out there. Have a seat and let's discuss what's happening today."

  Everyone but Tod took a seat. He leaned up against the back wall, arms folded.

  "First, we've got opening statements. I figure an hour per side. Mr. Tisdale, who do you have lined up for the rest of the day?"

  "I was going to call Lucy Brady first. Last night, Claudia convinced me that she needed to get more comfortable with the process before I put her on the stand."

  "Good advice from your associate, Mr. Tisdale."

  "So, I'm calling Joanna Brady, Jessie Woolsey and Dr. McIntosh who, by the way, will be relatively brief, and then Lucy. That ought to get us through the day and probably into tomorrow."

  "Any problems from your end, Mr. Duncan?" asked Judge O'Reilly.

  "No, ma'am. I'm ready to get this show on the road."

  As Johnny Bob began his opening statement, Judge O'Reilly was mentally on her toes, prepared to bring the hammer down on any lawyer who came close to straying away from what she considered a fair opening statement. The first advocate surprised her. Johnny Bob's commanding presence kept the attention of everyone in the courtroom as he faced the jurors and laid out the case for Lucy. He did so only by describing the various witnesses and what the jury could expect to hear from each. Her story was sad enough that he didn't need to embellish it. Turning to the defense of the actions against The Chosen and the pro-life coalition, Johnny Bob told them that he and Claudia expected to prove beyond the shadow of any doubt that what The Chosen had said was the gospel truth. Life began at conception and anyone who destroyed it after that or assisted in its destruction was correctly described as a murderer or a killer. They would prove it through some of the world's most qualified experts, including one nominated for the Nobel Prize.

  Judge O'Reilly breathed an inward sigh of relief. Johnny Bob had spoken for forty-five minutes and did it with no objection. Relaxing just a little, she assumed that Tod would follow suit and merely lay out his case. She relaxed too soon.

  Tod rose and made his formal announcement, "May it please the court." Folding his arms, he paced quietly in front of the jury box, up and down, three times, head bowed to the floor, frown on his face, not saying a word. Then he whirled around, pointing a finger at T. J. and shouted, "This man has been accusing my client of murder. Can you imagine how that feels? Having dedicated yourself to bringing life into the world, to be accused on international television of being a murderer, a baby killer? This man and his forces almost destroyed Dr. Moyo's reputation and ruined his life, and we're here to make sure that they don't do it again!"

  Johnny Bob leaped to his feet, joined by Claudia, as he sputtered, "Objection, Your Honor. Objection!"

  Ruby could have merely sustained the objection and told Tod to move on. Instead, her experience dictated that she exert a little stronger control. "Approach the bench, Counsel."

  Five lawyers joined her at the bench as she held her hand over the microphone to prevent her words from being broadcast to the world. "All right, Mr. Duncan, that's quite enough. You've been in my court too many times to pull that kind of stunt. Save it for closing argument. Get on with laying out your evidence and nothing more."

  As the lawyers returned to their places, she removed her hand from the microphone and in a stern voice announced to the jury, "Objection sustained."

  Tod expected Ruby to come down on him for his opening. He had made his point. He had intended to shift the jury's attention away from Lucy and her problems, and to make it clear to them that there was another victim in the courtroom. The judge knew what he had done. As Tod continued with his opening, Ruby reminded herself that the stakes were high. She could not relax for even a moment.

  Throughout the remai
nder of the opening statement, Tod minded his manners. He described Dr. Moyo's credentials, training and experience, letting the jury know early on that his client had been appointed to the faculty of the world-renowned Baylor College of Medicine. He emphasized that every medical doctor who testified would agree that Lucy's post-abortion problems were such expected complications that they were listed in every obstetrical textbook. He lightly covered Lucy's damages and hit hard on her excellent recovery. Then he turned to the slanderous comments of T. J. and their impact on his client. He closed by outlining the credentials of his formidable lineup of experts who would dispute the claims of murder hurled at his client and Population Planning.

  When the judge announced the break, Deputy Johnson escorted the jurors out into the hallway and into a classroom. Because of the configuration of the auditorium, they exited on the third floor, not the fourth where the spectators came and went. The area was roped off with a bailiff standing guard at the end of the hall. Bonding and friendships were beginning among the jurors, something that nearly always occurred in a case that would go for more than a few days.

  "Boy, that Duncan fellow really got wound up, didn't he? Thought I was watching a scene from The Practice there for a while," Roy Judice, the suburban football dad, commented to no one in particular as they entered the jury room.

  "Yeah, he was beginning to get under the skin of the preacher man," replied Joshua Ferrell, the engineering student.

  "Wait a minute, gentlemen," Harry Kneeland chastised, reverting to his role as a Home Depot manager where he supervised employees, "You know Judge O'Reilly has instructed us not to talk about the case until it's all over."

  "Come on, now, Harry," Judice replied, somewhat irritated. "I wasn't talking about the case, just about the lawyers. Can't be any harm in that."

  The subject was dropped as they all found their way to the table with coffee, soft drinks, bottled water and donuts that the judge provided for them each day.

  "Hey, sheriff, we appreciate these donuts. Are we gonna be able to go out for lunch?" Amy Bourland asked. It was obvious that the plump schoolteacher preferred not to miss a meal.

  "No, ma'am. Instructions from the judge. There's a deli down the street and I'm to get your lunch every day and bring it back. Judge says there're too many people and too many reporters wandering around. She doesn't want you folks overhearing something that you shouldn't. Matter of fact, I've got copies of the deli menu right here. Good news is that the county is buying."

  ***

  The rooms for the litigants and their lawyers were on the side of the courtroom opposite from that of the jurors. In the one occupied by Johnny Bob and his team, T. J. said, "I'm damn disappointed in you, Mr. Tisdale, damn disappointed. You let Duncan get the best of us and made me look like the bad guy to boot. How come you let him get away with that?"

  Johnny Bob didn't take kindly to being chewed out by anyone, especially a client on the first day of evidence. "T. J., let me try to clarify our roles here one more time, in short, simple words that I hope you'll understand. I'm the lawyer and you're the client. I've been doing this for better than thirty years. If I need your advice, I'll ask for it. Trials are like roller coaster rides. One minute you're at the top and the next you're flying to the bottom, praying that the damn car just stays on the tracks. That's the nature of any trial and the same thing is going to happen in this trial, only the highs will be higher and the lows will be lower. If you can't accept that, I suggest that you just get your ass back to Fort Worth and we'll call you when the jury comes back."

  With his last words, Johnny Bob slammed the door behind him, leaving the preacher, Claudia, Lucy and her family stunned.

  "Lucy, honey, don't you be worried. Trials are prone to causing tempers to flare," Jessie said.

  ***

  Down the hall in their room, Jan and Wayne were congratulating Tod.

  "Great opening, Tod. Best one I've ever seen you do," Jan said.

  "Damn sure made the jury understand there's more than one victim in this case," Wayne added.

  "Appreciate it, guys. Part of that opening was to get back at Tisdale for those remarks about his client on voir dire, but like I tell Kirk and Chris, don't stand around admiring your good shot. You gotta keep moving and be ready for the next one, particularly against an opponent that's your equal, one who can also score at will."

  CHAPTER 65

  As the plaintiffs' first witness, Joanna could lay out the facts, elicit sympathy for Lucy, and was subject to virtually no significant attack on cross-examination. Claudia took her through her paces as she covered the areas they had already rehearsed several times. Touching briefly on her life as a girl in LaMarque and bypassing the wild side of her youth, she quickly jumped to Joanna's marriage to Bo, their two children and life together. Junior sat with his sister and dad so that Lucy's family could be displayed in its entirety. Junior was a handsome young man in his twenties, dressed in a red plaid shirt and Dockers. Bo wore a blue, long sleeve shirt and slacks. Claudia had carefully chosen a green, very plain dress for Lucy, one that made her look even younger than she was. The jury could identify with this family.

  Joanna was doing fine when Claudia advised her and the packed courtroom that they were turning to the events of the weekend in question. Before Claudia could even ask one question, there were tears in Joanna's eyes as she took herself back in time. She confirmed that she had no idea that Lucy was pregnant. Certainly, she would not have approved of an abortion if she had been asked. No, she didn't understand why Lucy didn't come to her with the problem since she had a good relationship with her daughter. The only thing unusual about the weekend was that it appeared that Lucy was coming down with a flu that was bad enough that she missed church on Sunday, something extremely rare for her. When she described finding her daughter, burning with fever with sheets soaked with blood, Joanna collapsed in the witness chair. Tears filled her eyes. Two of the female jurors cried with her and Judge O'Reilly declared a fifteen-minute break. Johnny Bob watched the spectacle unfolding and thought it was not very often that he had jurors crying with the first witness.

  Joanna regained her composure after the break, and in a soft, barely audible voice she recounted the ambulance, the Life Flight ride, and her daughter's operation at Hermann. It took more tissue when she told of the doctor advising her that Lucy might not live and her visions of attending her daughter's funeral. Claudia had her describe a typical day in the hospital with Bo, Jessie and the alternating shifts. Yes, she prayed hard, but it was weeks before her prayers were answered. Claudia closed with Joanna's description of how this event changed Lucy's life forever and passed the witness.

  Jan conferred with Tod who was seated beside her. She and Tod had discussed what Joanna might say and realized that they could do little with cross-examination. If a witness like Joanna was honest, there was a greater risk of offending a juror's sense of justice and fair play with more questions. After a brief conference, Jan rose and advised the Judge that she had nothing to ask Joanna.

  Jessie took the witness stand, dressed in an expensive black suit with a white scarf around her neck and tucked into the front of her jacket. Catherine Tucker, the Memorial housewife and real estate agent, eyed Jessie and figured that the suit must have cost at least twenty-five hundred dollars. Once in her seat, Jessie turned, smiled at the jurors and then turned back to face Claudia, ready for questions. Claudia could not conceal Jessie's wealth. Jessie described the Rivercrest mansion, her late husband's multiple business interests and her donations to The City. Claudia touched briefly on Jessie's stay in Houston while her niece was near death and went into detail about Lucy's slow physical and emotional recovery. Then, she questioned Jessie about that Sunday when The Chosen commanded her to walk. Every eye in the courtroom turned to T. J., who merely smiled and nodded his head in agreement. An admittedly quiet girl before, Jessie described how Lucy had become depressed and had to take three powerful medications. She still lived with her aunt. Her life c
onsisted of television, tutors, counseling, weekend visits with her parents and church on Sunday. Sometimes, Jessie convinced Lucy to go to The City for Sunday evening youth fellowship. On those occasions it was usually Jessie's housekeeper who drove her to The City, waited for her, and chauffeured her back to Rivercrest. In Jessie's opinion, Lucy had peaked emotionally about the time that she began to walk again, and had shown little improvement since.

  Tod's plan was to use Jessie to shift the jury's attention to what he had begun to call the plot against his client. He expected Jessie to be honest, and she was. Ignoring Lucy, Jan had Jessie discuss her involvement with The City and The Chosen. Yes, she was a major benefactor of The Chosen. Yes, she served on the Miracle Board, which she added, was a high honor. Yes, it was Reverend Luther's idea to bring this lawsuit and she was present when it was discussed. She also voted with the board to join with the other pro-life defendants to fund the attorneys' fees and expenses. Reluctantly, she conceded that the purpose of the lawsuit was to bring down Population Planning, and if Dr. Moyo were caught up in its collapse, he would just have to accept such consequences for doing abortions at such a place. Her testimony was direct, businesslike, and brutally honest. The eyes of Alfred Totman and Anna May Marbley, two of the black jurors, hardened visibly as she talked about Dr. Moyo. Claudia's eyes caught Ms. Marbley as she folded her arms and looked down at her shoes when she heard Jessie's testimony.

  As the next witness, Dr. McIntosh told of her findings when she operated on Lucy. She described the team of doctors that she assembled to save Lucy's life and the weeks of work they did before she finally awakened. She conceded on cross-examination that perforation and retained fetal parts were known complications of an abortion done by the most skilled hands, adding that it was highly unusual for both to occur in the same procedure. She agreed that physically Lucy could walk when she was discharged from Hermann. She admitted that when Lucy threw up her antibiotic on that first night, the effectiveness of the antibiotics was compromised. Dr. McIntosh insisted, however, that the bacteria were so potent that probably didn't make any difference. She also confirmed that Lucy's medical bills totaled $385,496.33 for the doctors and the long hospital stay.