Jimmy (33 page)
“I believe his grandparents do a lot for him.”
“And his stepmother?”
“Yes, that's what I read in the psychological reports.”
“All of the people who have invested their time, money, and love into Jimmy live here in Piney Grove, don't they?”
“Yes, and it's time I shared that obligation and opportunity.”
“Do you believe you can waltz into this courtroom, wave around a big check, and expectâ”
“Don't go there, Mr. Long,” the judge interrupted. “Keep to the statutory criteria applicable to the issues before me.”
Mr. Long cleared his throat. “Yes, sir.”
“Mrs. Horton, does Jimmy reside in the same house where you lived when you and Mr. Mitchell were married?”
“I believe so.”
“When is Jimmy's birthday?”
“June 5.”
“And how many gifts have you sent Jimmy on his birthday and at Christmas since you left town eleven years ago?”
“I sent him a birthday present last week, but it was returned unopened. I'd learned that he liked the University of Georgia football team, and Lonnie was able to get a poster signed by all the players and coaches. I thought Jimmy would enjoy putting it up in his room.”
Jimmy's eyes grew big. Though not as spectacular as a BB gun, the poster would have been an awesome present. Daddy would have liked it too.
“You would like that poster,” Jimmy whispered to Daddy.
Daddy didn't answer.
“Before this year, how many presents have you sent Jimmy since you left Piney Grove?”
Jimmy sat up in his chair to listen closely.
“None.”
“Have you paid for any medical care?”
“No.”
“Bought Jimmy any clothes?”
“No.”
Mr. Jasper stood to his feet. “Your Honor, we can stipulate that there has not been any child support provided by Mrs. Horton since her divorce from Mr. Mitchell. This list could go on and on without proving anything else.”
“So noted,” the judge said. “Move on.”
“Speaking of divorce,” Mr. Long said. “What was the gap in time between your divorce from Mr. Mitchell and your first marriage to Mr. Horton?”
“A couple of months.”
“Does three weeks sound more accurate?”
“Maybe. It was a long time ago.”
Mr. Long walked back to the table and stood beside Daddy. “Were you in the courtroom when Dr. Poitier testified about Jimmy's fear of water?”
“Yes.”
“Do you remember an occasion when you were bathing Jimmy and he almost drowned?”
“Of course. It was one of the worst days of my life.” She looked directly at Jimmy. “And I'm very, very sorry it happened.”
Jimmy's eyes widened.
“Didn't he have to be resuscitated by a neighbor and rushed to the hospital?” Mr. Long asked.
Mrs. Horton began to cry. She reached into her purse and pulled out a tissue.
“Do we need to take a recess?” the judge asked her.
“No.”
“Please answer the question,” Mr. Long said.
“A neighbor helped me, and an ambulance took Jimmy to the hospital.”
“Do you still maintain that you left Jimmy unattended because you had to answer a phone call?”
“Yes. That's exactly what happened.”
“Have you considered the possibility that some of Jimmy's mental challenges are the result of oxygen deprivation during the time he was left unattended
and submerged?”
“I've been told the accident didn't do any permanent brain damage or add to his developmental problems.”
“Are you qualified to make that determination?”
“Not necessarily, but I trust the people I talked to about it.”
“How soon after this happened did you abandon Jimmy and his father?”
“I didn't abandon them. His father and I separated, and I moved home to be with my parents.”
“When did that happen? Within a month of the incidence of neglect?”
“It wasn't neglect. It was an accident.”
“Whatever the reason, are you aware some of the psychologists who have evaluated Jimmy relate his fear of water to this trauma?”
“Yes.”
“Did you discuss this near-drowning episode with anyone?”
“Quite a few people knew about it. It was embarrassing, but I didn't try to hide it. I wanted to make sure I hadn't done anything to hurt Jimmy, so I talked to all the doctors.”
Mr. Long stepped closer to the witness. “Did you try to hide the fact that you intentionally left Jimmy alone?”
“That's not true!”
Jimmy saw a flash of anger in her eyes.
“Was there a police investigation of this incident?” Long asked.
“I wouldn't call it that. Lee sent a detective friend over to the house to harass me. It was the final straw that drove me to seek a divorce. There was no need to make me feel any worse than I already did.”
“Do you know the results of the investigation?”
“They tried to claim that there wasn't a phone call because I didn't know who called me. I was so upset that it slipped my mind.”
“Did you tell the detective who might have phoned you?”
“Objection,” Mr. Jasper said. “This happened eleven years ago and is irrelevant to the issues before the Court.”
“Not to me,” the judge replied. “Overruled. The witness will answer the question.”
“This was before we had caller ID on phones, so I gave the detective the names of several friends who might have called. Lee claimed none of them remembered phoning the house that day.”
“Did you try to find out yourself ?”
“Yes.”
“Were you successful?”
“No. I decided the trauma created a mental block or something.”
“Have you since resurrected the identity of the mystery caller?”
“No.”
“Mrs. Horton, did you also try to hide the fact that you were ashamed of Jimmy due to his mental handicap?”
“No. I mean, yes.” Mrs. Horton began to cry. She took a tissue from her purse and put it to her face. “Your Honor, I need to take a break.”
“We'll take a five-minute break,” the judge said. “Mrs. Horton may go to the restroom, but she shall not consult with her attorneys. Mr. Long still has her on cross-examination.”
Jimmy's birth mama didn't look at him as she passed by on her way out of the courtroom. Her husband followed her. Jimmy leaned over close to Daddy.
“Why is she crying?”
“Mr. Long's questions are making her face something inside that she'd forgotten existed.”
“Oh,” Jimmy answered without understanding.
Mr. Long came over to them. Daddy spoke.
“That's it, Bruce. No more questions.”
“But I still have two lines of attack. She's on the run. If we pushâ”
“No,” Daddy repeated. “Enough.”
“Okay,” Mr. Long shrugged. “You're the boss. But if we back off, it's no guarantee that Mr. Jasper will do the same when his chance comes.”
“I know. You're doing a good job, but I don't want to hurt her anymore. She's made mistakesâjust like the rest of us.”
Y
ou're not rethinking your position?” Mr. Long asked in surprise.
“No, of course, not. It's not in Jimmy's best interests to allow Vera back into the picture, but I want to avoid any further bloodletting. Let's prove our case and get out of the courtroom.”
“What do you want me to do?” Mr. Long asked.
“Put on the evidence we've prepared, but don't push her face into the dirt.”
“Okay. Same order of witnesses?”
“Yes.”
Jimmy's birth mama returned to the courtroom. As soon as everyone was settled, the judge looked down at her.
“Mrs. Horton. Are you ready to continue?”
“Yes, sir.”
The judge nodded toward Mr. Long, who was standing beside Daddy at the counsel table.
“Mr. Long, proceed with your questioning.”
“Mr. Mitchell and I consulted during the break, and I have no other questions for this witness.”
“Very well. Mrs. Horton, you may step down. Any other witnesses for the petitioner?”
“None, except for rebuttal pending the testimony offered by the respondent.”
The judge looked at Mr. Long. “You may call your first witness.”
“We call Dr. Susan Paris.”
For the second time, Jimmy watched the school psychologist take the witness stand. She smiled at him several times while she talked. She talked about his good relationship with Mama and how hard he worked in school. There was no mention of his ability to remember what he heard people say.
“Dr. Paris,” Mr. Long said, “based on your repeated evaluations of Jimmy, do you have an opinion about his cognitive ability to express a bona fide preference as to custody and visitation?”
“Yes.”
“What is that opinion?”
“If stated in simple terms, he will understand the issue and tell the truth.”
“That's all from this witness,” Mr. Long said.
Mr. Jasper stood behind the table.
“Dr. Paris, during your direct testimony, did you express a preference about the custody or visitation issue?”
“No, sir.”
“How old is Jimmy?”
“Fourteen.”
“Have you found Jimmy to be a compliant child?”
“Yes.”
“With a high desire to please those in authority?”
“Yes.”
“Would this desire to please authority figures be stronger than normal?”
“
Normal
is not a word I use in that context. There are common understandings of the term
normal
that do not fit within recognized diagnostic criteria. I don't have anything to add to my previous answer,
other than to say Jimmy likes to please people: parents, teachers, adults, peers.”
“Who has the greatest personal influence on Jimmy?”
“His motherâuh, I mean, stepmother. The bond between them is very strong.”
“And his father?”
“Is important as well.”
“Does Jimmy fear his father?”
Dr. Paris hesitated. “I'd say he holds him in awe from a distance. However, during the past year, he has been working at his father's office for a few hours a week. I think this is a good idea because it brings him into his father's world and gives them another avenue for interaction outside the home.”
“If Jimmy's father told him to do something, would he do it?”
“If it's a reasonable request consistent with Jimmy's ethical framework, I believe that he would. Jimmy believes obeying his parents is a good thing.”
“If his father wanted Jimmy to say something, would he do it?”
“Same answer, so long as he understood the request.”
Mr. Jasper stepped closer to Dr. Paris and raised his eyebrows.
“Don't your last two answers contradict your testimony about the significance of authority figures in Jimmy's life?”
“No.”
Mr. Jasper glanced up at the judge. “Your Honor, please take noteâ”
“I heard the testimony,” Judge Reisinger replied. “But you'll have to save your argument until later.”
Mr. Jasper came forward until he stood to the side of the witness stand.
“Dr. Paris, are you telling the Court that Jimmy Mitchell possesses an unfailing moral compass from which he never wavers?”
Dr. Paris turned away from Mr. Jasper and looked up at the judge.
“His moral compass is consistent, not perfect. For example, Jimmy believes it is right to tell the truth and wrong to lie. He believes it is wrong to physically hurt another person and right to be kind to everyone. He has incorporated these beliefs in a simple, concrete way. Like anyone, there are many ethical issues he has not yet confronted. In those areas, an authority figure such as his father could potentially lead him astray.”
Mr. Jasper hesitated. “Has Jimmy told you what his father wants him to say in this hearing?”
“No. Once I was contacted about being a witness, I purposely avoided the subject with Jimmy. Recently, I haven't seen him because of summer vacation.”
Mr. Jasper looked down at this notes.
“Dr. Paris, I know you don't like the word
normal
, but what is a normal IQ?”
“
Normal
has an appropriate use in this area. Normal would be an average score of 100 on the verbal, performance, and full-scale components. Most people have variations, but the scores usually cluster together.”
“Does Jimmy have analytical abilities comparable to a fourteen-year-old with an IQ of 100?”
“No.”
“Does that deficit affect his decision-making process?”
“On a test at school?”
“No, when faced with options in day-to-day life.”
“Yes.”
“How?”
“He would have trouble evaluating the implications of the choices presented and would almost always select the familiar over the new. He'll try something different if it takes place in an environment in which he's comfortable or if he has the support of his parents.”
“Doesn't that illustrate the increased importance of Mr. and Mrs. Mitchell's influence as compared to a typical fourteen-year-old?”
“Perhaps.”
“Do you work with other fourteen-year-olds on a regular basis?”
“Yes.”
“Are you aware that the laws of this state allow a fourteen-year-old to express preferences as to visitation and custody issues?”
“Yes.”
“Would Jimmy's overall ability to evaluate his options and make a decision be the same as for a child with an IQ of 100?”
“No.”
“No further questions.”
Mr. Long stood to his feet. “I have a brief redirect, Your Honor.”
“Proceed.”
“Did any of Mr. Jasper's questions change your opinion about Jimmy's ability to evaluate his options as to the visitation and custody issues pending before the court?”
