Cracks in the Sidewalk (19 page)

On the opposite side of the room, Noreen Sarnoff and a solemn-faced Jeffrey Caruthers sat at the defense table. Dressed in a black suit with a skirt that ended well above her knee, Noreen had her mouth painted in a perfect pout, the kind men found hard to resist. She had considerable concern about the strength of this case, so she’d put together her most alluring look and planned to use it to full advantage.

For two days she’d practiced her opening statement. She’d added precisely the right amount of pursing her lips, raising her brows, and leaning into her words, and now she was ready. She would start with the sad-eyed comparison of a mother who would use the children to satisfy her own need as opposed to a father whose unselfish motive was simply to save the poor darlings from the separation anxiety that would surely accompany her death. After that she would—

“Since I am well aware of the claims and counter-claims of this case,” Judge Brill said, “I suggest we forego opening statements in the interest of expediency.”

“Fine with me, Your Honor,” Dudley said.

The judge looked at Noreen. “Counselor?”

No way would Noreen let go of the opening statement she’d perfected.

“The defense believes that it is extremely important to reiterate the critical issues involved in this plea for visitation,” she answered. “Without opening statements, the full and explicit intentions of both parties may be misunderstood or misinterpreted.”

Under other circumstances Judge Brill may have overruled a lawyer’s request to proceed with opening statements that simply wasted the court’s time, but the memory of Jack Wallner’s wild-eyed plea for his children remained at the forefront of the judge’s mind. Jeffrey Caruthers had that same look of angry desperation. Rather than risk another stretch of endless months wondering whether he’d made all the right decisions, Judge Brill answered, “Very well.” He gave Dudley Grimm a nod and said, “Please proceed, Counselor.”

Dudley stood, buttoned his jacket, and began to speak.

“My client’s request is quite simply the plea of a dying mother to spend time with her children and be allowed the opportunity to bequeath to them certain possessions that she has treasured. She is the birth mother of these children and, up until the time she was diagnosed with a terminal brain tumor, was their full-time caregiver. Elizabeth Caruthers was a stay-at-home parent who spent most of her waking hours attending to the needs of her children, whereas Jeffrey Caruthers, their father, spent very little time with them. He was the proprietor of a business that required his undivided attention six days a week, plus an untold number of late evenings.

“Your Honor, Elizabeth Caruthers has proven herself to be a caring and dutiful mother and as such has both the natural and legal right to see her children—a right that the defendant has denied her. He has taken the law into his own hands by denying his wife access to most of her personal possessions. Without regard for their sentimental value, Jeffrey Caruthers decided that a dying woman doesn’t need jewelry or any material assets. 

“Worse yet, he has refused her access to her children, either by telephone or in person. He alone decided Elizabeth should not be allowed to see or speak with her children because bonding with her would make death more painful for them to endure. In short, Your Honor, Jeffrey Caruthers has set himself up as both psychological expert and dispenser of justice.”

Dudley stopped for a moment to let that thought hang heavy in the air. Then he continued.

“Elizabeth Caruthers has done nothing that can in any way be misconstrued as harmful to her children, yet her husband insists that spending time with her would not be in their best interest. Without benefit of professional guidance, Jeffrey Caruthers decided the children would suffer undue trauma if allowed to
bond
with their mother.”

He turned to face Jeffrey as he spoke.

“Only a father who has been emotionally absent for much of their life could make such a foolhardy decision. Doesn’t he understand that his children have already bonded with their mother? She’s nursed them when they were sick, fed them when they were hungry, taught them to walk, talk, share, and love. It’s physically impossible for a child not to have bonded with such a parent.”

Dudley turned back to Judge Brill.

“Mister Caruthers has also refused to allow the three minor children to see Claire and Charles McDermott, their maternal grandparents. Again, this was done without any justifiable reason other than their biological relationship to his dying wife. The only thing achieved by Jeffrey Caruthers’ unwarranted actions is that he has separated the children from the people they are closest to, people they already know and love—their mother, their grandmother, and their grandfather.

“If he is allowed to continue along this path, the youngest child, Christian, will never have a chance to experience the same affectionate family relationships in which David and Kimberly thrived.” 

Dudley spoke briefly about Elizabeth’s medical diagnosis and her emotional state of mind, assuring the judge that neither of these presented a threat of harm to the children.

“On the other hand,” he said in closing, “if Elizabeth dies without ever letting David, Kimberly, and Christian know how much she loves them or saying her final farewell, the children might suffer from emotional scars for the rest of their lives.”

He promised the opinion of Alexander Rupert, a well-known expert in the area of child psychology, “a far more credible opinion than that of Jeffrey Caruthers,” he added. Dudley Grimm returned to the plaintiff’s table and sat alongside Charles McDermott.     

~ ~ ~

N
oreen Sarnoff, who had busily scribbled rebuttal notes on each point addressed by Dudley, stood before her opponent was fully settled in his seat.

“Your Honor,” she began, strutting to the center of the courtroom. “Mister Grimm would have this court believe my client has acted inappropriately and, I quote, ‘taken the law into his own hands,’ but in actuality Jeffrey Caruthers has done what any caring father might do to protect his three small children from the anguish of their mother’s death.

“Mister Grimm has also suggested that the Caruthers children are being isolated from loving family relationships, whereas the truth is that they are being shielded from the anger and hatred that Elizabeth and her parents now feel toward my client. When Jeffrey Caruthers found his business in trouble he turned to the McDermotts for help, but they refused. In addition to that refusal they continue to hold him responsible for the business failure and his resulting inability to provide nursing care for their terminally-ill daughter.”

Noreen took a deep breath and brushed back the wisp of hair tickling the side of her face.

“I intend to show that the loving grandmother the plaintiff’s attorney has described is actually a violent ill-tempered woman who attacked the home of my client with a sledgehammer. How can we possibly fault Jeffrey Caruthers for wanting to spare his children the agony of such exhibitions?”

Claire’s heart rose into her throat. She wanted to crawl beneath the table or, better yet, disappear entirely. Were it possible to go back in time, she gladly would have. She’d go back and grovel at the doorway begging for Jeffrey to answer. If he chose not to answer she’d back away meekly, certainly not take a sledgehammer to the door.

“The plaintiff’s attorney,” Noreen said, “has also faulted my client for the long hours he spent working to build a business that could provide the income necessary for his wife’s extravagant lifestyle. A three-bedroom bungalow was not good enough for Elizabeth Caruthers. She wanted a big house and expensive jewelry, jewelry that my client ultimately had to sell in order to provide for his children.”

Elizabeth never wanted those things,
Claire wrote on a slip of paper and passed it to Dudley. He gave her a quick nod.

Noreen walked back to the defendant’s table, picked up a document, and flamboyantly waved it in the air.

“We have in our possession a notarized statement from Doctor Hans Wolfburger, a highly respected child psychologist who specializes in separation trauma. In this document, Doctor Wolfburger states that children who have been removed from exposure to a parent then returned and removed for a second time will suffer severe and long-lasting trauma frequently resulting in neurosis and a rejection complex.

“Since the Caruthers children have not seen or had interaction with their mother for almost ten months, she no longer plays a role in their day-to-day existence. To restore that relationship would ultimately force them to undergo the loss of their mother for a second time, precisely the scenario that Doctor Wolfburger refers to.”

Noreen paused and then launched into a detailed account of Elizabeth’s paralysis and blackout periods, stressing Elizabeth’s physical weakness and questioning whether it would put the children in physical danger.   

“It is the responsibility of the court,” Noreen said emphatically, “to see that these questions are adequately addressed before any change is made in the custodial issues pertaining to these three minor children.”

She returned to the defense table where Jeffrey Caruthers sat with a malicious grin curling the corners of his mouth.         

~ ~ ~

J
udge Brill rapped his gavel and declared that the court would take a ten-minute recess. Once everyone returned, Dudley Grimm proceeded with his case and called Claire to the witness stand.

Claire placed one hand on the Holy Bible and swore she’d tell the truth then settled into the witness box.

“Missus McDermott,” Dudley began, “you are the mother of Elizabeth Caruthers and the maternal grandmother of David, Kimberly, and Christian Caruthers, is that correct?”

“Yes,” Claire answered nervously.

“And prior to your daughter’s illness, how often did you see those grandchildren?”

“Every day. I’d stop by for a visit in the afternoon, and I’d stay with the children when Jeffrey and Elizabeth had an evening out.”

“And how would you describe your relationship with your grandchildren?”

“Wonderful,” Claire answered promptly. “Those kids love me every bit as much as I love them. David, he’s the oldest, loves to have me read stories. He generally asks for the tales about King Arthur and his knights. Before I can finish one story, he’s already asking for another one. He’s heard the same stories at least one hundred times, but he never gets tired of listening to them.”

“What about Kimberly?”

“She was two years old when Liz first got sick, but that little tyke sure had a mind of her own. Elizabeth taught the children that they had to take turns choosing the story, and if David asked for a King Arthur story on Monday, then on Tuesday, Kimberly would insist on Goldilocks. Even though she was only two, she knew how to keep track of when it was her turn.”

“And Christian?”

“He was born after Elizabeth got sick, so I never really had the chance to spend time with him.”

“Why is that?”

Claire lowered her eyes. “Jeffrey told me to quit stopping by in the afternoon, because I was disrupting his household.”  

“With Elizabeth in the hospital, didn’t he need someone to watch the children while he was working?”

Claire nodded. “Yes, but he’d rather pay Missus Ramirez to babysit than have me do it for free.”

“Were you aware of Jeffrey Caruthers’ financial difficulties at that time?”

“Yes. He’d already asked Charles for another loan.”

“Another loan? Had he borrowed money on other occasions?”

“Yes. Five times before.”

“And did your husband give him the money he was asking for?”

“He did the five times before, but not this time.”

“Was that the reason Jeffrey Caruthers no longer allowed you to see the children?”

“Objection!” Noreen called out. “Calls for speculation on the part of the witness.”

“Sustained,” Judge Brill answered and with a nod to Dudley he said, “Rephrase your question, Counselor.”

“Very well,” Dudley answered. He turned to Claire and asked, “Did Jeffrey Caruthers ever give a reason for not allowing you to visit with the children?”

“Yes and no.”

“Please explain.”

“He said we were to blame for all his problems, even Elizabeth’s illness. But he never explained why he thought that.”

Dudley nodded and stood there for a moment fingering his chin. He finally said, “Missus McDermott, this court has heard how you attacked the defendant’s house with a sledgehammer. Is that true?”

Claire cringed. “Yes,” she finally stuttered. “That’s true, but it’s not the way it sounds.”

“Please explain.”

“It happened just after Elizabeth was released from the hospital. Jeffrey had already told us she couldn’t go back to his house because he couldn’t take care of her, so Liz came to stay with us. She’d been asking to see the kids, plus she wanted some of her clothes and personal belongings. I tried telephoning Jeffrey to ask if I could come by and get her things. I can’t even guess how many times I called. Dozens maybe. But he wouldn’t answer the phone.

“Finally I drove over there and knocked on the door. There were lights on in the house and I could see him moving around inside, but he wouldn’t answer the door either.”

“So you tried to break it down?”

“No,” Claire answered indignantly. “I didn’t really plan to use the sledgehammer. I only brought it because I thought it might scare Jeffrey into opening the door. I figured if we could have a face-to-face conversation, I’d be able to reason with him. After I stood outside for twenty minutes ringing the bell and he still didn’t answer, I hit the door one time—just one time and not even hard enough to make an actual dent in the wood.”

“Did Jeffrey then answer the door?”

“Immediately.”

“Had he not answered, would you have continued your sledgehammer attack?”

“No. After that one moment of anger, I pretty well came to my senses.”

“Once Jeffrey opened the door, did you ask him for your daughter’s clothing and personal belongings?”

“Yes, and he agreed to bring them over.”