At eight thirty-five, Deputy Johnson returned to the jury room, looked at Anna May and said, "Come with me. The judge will see you now."
Fifteen minutes later, Judge O'Reilly summoned the lawyers to her small chambers where Anna May sat facing her. No one spoke until Deputy Johnson closed the door.
"Ms. Marbley, would you please tell the lawyers what you just told me," directed the judge, a solemn and determined look on her face.
"Yes, ma'am." Anna May Marbley did not turn to look at the lawyers, but continued to look straight ahead at the flag of the United States behind the judge. "Last night at about ten o'clock my phone rang. I had just gotten the kids in bed and was talking to my mother. It was a man on the phone. He didn't identify himself and I didn't know the voice. He told me that if I knew what was good for my kids and myself, I'd better vote against that butcher doctor and that murder clinic. He told me not to tell anyone about his call if I valued my life. Then he hung up. I didn't sleep all night. Until this morning I wasn't going to tell anybody. I don't want my kids hurt. But I'm a juror in this case and that makes me an official or something is the way I figure it. So, I decided I had to tell the judge."
"Thank you, Ms. Marbley. You are to be commended for coming forward. Would you step out into the hallway with Deputy Johnson and wait there for a few minutes while I talk with the lawyers?"
"Here's what we're going to do. I'm going to have to sequester the jury. We'll call each of them in here, one-by-one, and quiz them to make sure that there have been no other phone calls. Hopefully, this is an isolated incident. If so, I'll wait until the end of the day to tell them they will be sequestered. We don't want them distracted from today's testimony. A deputy will follow them to their homes where they will have an hour to visit with their families and pack their clothes. Then the deputy will drive them to a yet-to-be-determined hotel. I'll talk to Judge Hardman about the hotel, but it will not be disclosed to the media, or to any of you, for that matter. Not that it won't be found out in a couple of days. All a reporter will have to do is follow the county vans when they see the jurors being loaded onto them. Okay, so far?"
Everyone agreed.
"I'm going to have to excuse Ms. Marbley as a juror. I don't see any way that this experience won't impact on her impartiality."
After each of the remaining thirteen jurors were brought to the judge's chambers, and they confirmed that they had not discussed the case with anyone nor had they been contacted by anyone about the case, the Judge was ready to start evidence for the week. Her announcement was simple and to the point. She talked to the jury when they were seated. Her words were also for the audience, both in the courtroom and throughout the nation.
"Ladies and gentlemen, Ms. Marbley has had to be excused for personal reasons. Mr. Steinhorn, you are now among the first twelve. Ms. McDowell, you are our one remaining alternate. Mr. Duncan, are you ready to proceed?"
"Yes, Your Honor. May I ask Dr. Moyo to re-take the stand?"
As he did so, three reporters left their seats, determined to be the first to break the story on why Anna May Marbley was no longer on the jury. It was easy to find out where she lived and her phone number, only she refused to talk. Her mother answered the phone and the knocks on the door, saying that her daughter had nothing to say. Anna May Marbley's position would change within twenty-four hours.
"Dr. Moyo, do you still do abortions for elective pregnancy termination?" Tod asked.
"No, sir, I quit that practice about three months after Ms. Brady's abortion, at a time, I might add, when I didn't even know she had a problem. My obstetrical practice was doing well and I no longer needed the extra income. I should state, though, that I will still do an abortion on one of my patients if the health of the patient is at risk."
"Dr. Moyo, will you tell the jury why you spent several years doing abortions at the Population Planning clinic?"
Dr. Moyo turned and faced the jury, trying to look each of the thirteen in the eye. "First, you must understand that abortions are legal in this country and have been since 1973. I have seen the problems that can result from abortions done by people who are not properly trained medical doctors and under non-sanitary conditions. As Mr. Tisdale pointed out, the abortion controversy has been around at least since the time of Hippocrates. Whether we like it or not, for a variety of reasons, women have always chosen to have abortions. If they are going to make that choice, it is my opinion that the abortion should be done by skilled medical practitioners and in a safe environment."
Rebecca Dowell, the young alternate juror, nodded her agreement.
"I, personally, would not do an elective abortion on a fetus beyond eighteen weeks, since I consider that to be close to the time of viability, the time when the child might be able to live outside the womb. In reality, it is probably twenty-three or twenty-four weeks, but I draw the line at eighteen weeks. Now, of course, I no longer do elective abortions."
It was best to concede the obvious and play devil's advocate. "Now, Dr. Moyo, did the money you were paid have anything to do with it?"
"Of course, sir. But given my personal feelings as I have described, and knowing that I was doing nothing illegal, it was a way that I could support my family until my practice was up and going. Remember that if no good doctors performed abortions, they would once again be done in back alleys and motel rooms. Our hospitals would be overflowing with the problems that resulted."
"As to Ms. Brady, did you do anything different from what you did on all the other occasions where there were no complications?"
"No, sir."
"Did she cry out in pain?"
"No, sir. I certainly would have remembered that if it had happened on any of my patients."
"Ms. Akers showed her a consent form where she initialed twenty complications that can result from an abortion. Can those problems occur with any patient even with the best obstetrician doing the procedure?"
"Absolutely, sir. Just read any obstetrics textbook."
"You heard Ms. Brady testify that no one explained anything to her and she just initialed and signed where she was told."
"I know that not to be true, sir. She would have had the procedure and its complications explained to her by the nurse who assisted me. Additionally, I always confirm with my patients that those risks have been explained to their satisfaction before I start the procedure."
Tod shifted gears. "Dr. Moyo, you are also a plaintiff in this lawsuit, are you not?"
"Yes sir. I have sued Reverend Luther here, and twelve pro-life organizations for statements that they made about me."
Tod rose. "Your Honor, at this time we propose to play excerpts from Reverend Luther's sermons where he talks about Dr. Moyo and Population Planning as well as some speeches and interviews that he has done outside his church."
The judge ordered the lights dimmed and The Chosen appeared on the screen. The jurors watched in rapt attention as the clips were shown. With no sermon to lead into the attacks, even in his white satin robe, the sunglasses gave T. J. a sinister appearance as he "called out his enemies by name" and accused Dr. Moyo and the clinic of being murderers and baby killers. In the jury box, Amy Bourland put her hand over her mouth as she watched the attacks. Alfred Totman, the black former city bookkeeper, also appeared to be visibly disturbed. Catherine Tucker refused to look at the screen and merely gazed at the judge. The television clips moved from the pulpit to T. J. addressing the crowd outside the clinic during the week before the trial began. They closed with his interview where T. J. accused Dr. Moyo of being a polecat.
Johnny Bob had not seen the last one and murmured, "Shit!" under his breath. Fortunately for him, only Claudia was close enough to hear. Where was that muzzle when he needed it. How many more clips would there have been if T. J. had not been in solitary all that time? Praise the Lord and Judge O'Reilly, too.
As the lights came up, Tod continued, "Dr. Moyo, how did these words impact you and your family?"
Zeke spoke quietly, a solemn lo
ok on his face. "After the first attack, I started having patients cancel appointments. As the attacks continued, I lost so many of my patients that I was forced to shut down my office. I couldn't afford the overhead. I was able to get a job doing emergency room work, but at much less money. I am now making about fifty thousand a year less than I was before I was attacked."
"And how, Doctor, has this affected you and your family?"
"My professional life has been destroyed, Mr. Duncan," Zeke replied. He turned to the jury. "It's hard to put into words how being called a murderer and a baby killer has affected me and my family. It's been devastating. This whole thing is an ordeal that I would have preferred that my family not have to endure. I have been in great fear for their lives and mine since a number of the anti-abortion groups are violent."
"Now, Your Honor, I do have to object. Violence from other anti-abortion groups has no relevance to issues in this case," Johnny Bob cried.
"Overruled, Mr. Tisdale. It goes to his mental anguish claim against Reverend Luther and the other groups."
"But, Your Honor…"
"Please be seated, Mr. Tisdale. I have made my ruling."
Tod was ready to wind up. "Dr. Moyo, are you starting new employment at the conclusion of this trial?"
Dr. Moyo smiled. "Yes, sir. I have been accepted on the faculty of Baylor College of Medicine. I would already be there except this trial is taking up all of my time for the next few weeks."
Tod had done what he intended. He had at least put the best face he could on the complications of the abortion and was pleased with the reactions he thought he had perceived from the jury when he showed the attacks on Dr. Moyo. Further, he ended on a high note with Zeke's new appointment.
"No further questions, Your Honor."
"Then, let's take our lunch break. Be back here at one-thirty."
As the rest of the courtroom cleared for the lunch break, Johnny Bob and Claudia remained at their table, heads together in low conversation.
"So what do you think, Claudia? Do we call T. J. after I re-examine Zeke?"
"Johnny Bob, my vote is to get him up there sooner rather than later. I think now is the time. Those clips made him look pretty damn bad. Maybe seeing him live and in person with some of that old T. J. charisma will soften some of those statements. Besides, if his testimony doesn't go well, you've at least got a couple of weeks to repair the damage."
After the lunch break, Johnny Bob took Dr. Moyo on re-cross, "Dr. Moyo, we're going to discuss the fetus at about twelve weeks, the age of Lucy's baby before you terminated her pregnancy." Johnny Bob was being careful not to stir up an argument since he wanted just to make a few points and move on to T. J.
"At twelve weeks, approximately, is when you terminated the pregnancy of Lucy Brady, correct?"
"Yes, sir."
"At that point in the development of the fetus, the heart had begun to beat?"
"Well, sir, there is electrical activity that could be equated to a heartbeat."
"The fetus had ten fingers and ten toes."
"Correct, sir."
"Brain waves can be recorded?"
"Some might dispute that, sir. Others would agree."
"All of the organs of a human being have been formed, liver, lungs, pancreas, kidneys and so forth?"
"Yes, sir."
"There's even fetal movement at this stage?"
"Mr. Tisdale, there may be some movement, but it's probably not voluntary movement."
"Yet, you say that this is not a human life form?"
Dr. Moyo grasped the witness rail. This time he was the one glaring as he answered. "Mr. Tisdale, what I have said is that at this stage, the life form is not a human being!"
Figuring that he had done all the damage he could with Dr. Moyo, Johnny Bob passed the witness as Judge O'Reilly commanded, "Call your next witness, Mr. Tisdale."
"Your Honor, we call Reverend Thomas Jeremiah Luther."
T. J. stood, buttoned his white coat and walked to the witness stand, carrying his gold Bible in his left hand. Before he could sit down, Judge O'Reilly instructed him, "Reverend Luther, will you please face the bench while I swear you in?"
T. J. replied, "Your Honor, that won't be necessary. I am a man of God and I do not find it necessary to be sworn to tell the truth." Four jurors smiled at his comment as the judge continued, "I respect your beliefs, Reverend, but you, especially, should remember we don't play any favorites in this court. Every witness is to be sworn."
"Very well, then," T. J. responded as he stood at attention and placed his right hand over the Bible in his left.
"Do you solemnly swear that you will tell the truth, the whole truth, and nothing but the truth so help you God?"
T. J. bowed his head as he swore, "So help me God, my Father."
"Please be seated, Reverend. You may proceed, Counsel."
"Tell the jury your name and profession, please, sir," Johnny Bob started.
Smiling at the jury, T. J. replied, "My name is Thomas Jeremiah Luther. I am also called The Chosen. I am a preacher and a man of God."
"Reverend Luther, let's get the obvious out of the way first. Why are you always wearing dark sunglasses indoors?"
"Sir, many years ago in a former life I was a resident of the Tarrant County jail," T. J. responded matter-of-factly. "While incarcerated there I got in a fight with another inmate who threw ammonia and lye in my eyes. I was blinded for a period of time but regained my sight. Some believed it to be a miracle. My eyes were horribly disfigured. Sunglasses make it easier for everyone. I could show the jury my eyes if they would like to see them."
"I don't think that will be necessary, Reverend." Johnny Bob walked T. J. through his seamy early life and rebirth as a Christian. He went into detail about his successful ministry and the building of The City of Miracles. That led to the stabbing years before and his twelve-year sleep.
"Reverend, do you remember anything about the twelve years while you were asleep, if that's the right word to use?"
"Good as any, Mr. Tisdale. At first I didn't remember much, but as my strength and powers were restored, it became clear to me. I was with God during those years."
Jessie twisted uneasily in her seat with those words. She recalled her various one-on-one meetings with T. J. at The Miracle Tower where such a lofty position was never mentioned. The jurors and the rest of the audience were silent as T. J. spoke. Many had looks of skepticism on their faces. Most were caught up in the moment and waited with a sense of anticipation for the next words to come from the man in the witness chair.
"Reverend, just out of curiosity, if I were to ask you to give us a description of God, could you do so?"
Tod considered objecting since he could not find any relevance to this line of questioning, but thought better of it when he surveyed the jury and saw that they wanted to know the answer.
"I could, Mr. Tisdale. I prefer not to do so. There are some things which I feel are better left to the imagination of man. If my Father chooses to reveal himself, it should be His choice and not mine."
Several people in the audience sighed with disappointment. Even Judge O'Reilly had hoped to hear the answer and leaned back in her chair after the moment passed.
"Understood, Reverend." Johnny Bob made a temple with his hands in front of his chin as he continued. "So, after twelve years, you woke up?"
"I believe, Mr. Tisdale, that the more proper description is that I was resurrected."
Johnny Bob felt uncomfortable with pushing this analogy too far in front of the jury. However, he was stuck and let it go. "Okay, then, you were resurrected. After your resurrection, what did you do?"
"I was fortunate to have a very strong board looking out for my ministry while I was gone. Once I was able, I took my rightful place as the chosen leader of The City of Miracles."
Johnny Bob shifted in his chair, glancing at the jury as he did so. He liked what he saw. The old charisma was coming through on all cylinders, and the jury was buying what
T. J was selling. He glanced down at his notes and continued. "Reverend, let's fast forward a little bit. When did you first meet my client, Lucy Brady?"
T. J. smiled at Lucy as he spoke and she returned the smile. "Lucy's Aunt Jessie, Ms. Warren Woolsey, is a prominent woman in Fort Worth. She's a widow lady whose late husband was actually one of the early contributors to my ministry. When I was resurrected, I learned that she was a member of my board and we became friends. I first saw Lucy sitting beside her in a wheelchair at a Sunday morning service. It wasn't long before I learned what Lucy had been through."
Johnny Bob hoped that he would get the right answer to the next question. "Were you involved in helping her to walk again?"
"Mr. Tisdale, she was physically capable of walking. Her emotions and mind were holding her back. Let's say that on one Sunday morning, I healed her by giving her the strength to overcome the forces that were holding her back."
Johnny Bob smiled to himself as he realized that T. J. had remembered his lessons.
"Reverend, can you heal the lame and afflicted?"
This time, T. J. looked at the jurors and said, "Yes, sir. With God's help, I can."
Tod was watching the jury as they returned T. J.'s gaze. It appeared almost as if the preacher had them under a spell. It was one helluva performance. As he watched, he pondered how he could cross-examine so powerful a personality.
"Now, Reverend Luther, were you somehow involved with my client's decision to file this lawsuit?"
"Sir, I think it was probably my idea. Might I explain?"
Tod made a gesture with his hand, indicating that he had no objection. T. J. might as well say what he had to say now. It was going to come out one way or the other.
"Sir, I was horrified by what had happened to Lucy. Clearly, it was malpractice of the worst degree."
Tod shot to his feet. "Your Honor, I will have to object to that. As far as I know, Reverend Luther doesn't have a medical license and has no expertise to offer such opinions. I ask that his response be stricken and the jury be instructed to disregard it."
So Help Me God Page 38
