Jimmy (34 page)

“Objection. Asked and answered,” Mr. Jasper said.

“Sustained.”

“No other questions,” Mr. Long said.

Mr. Long plopped down in his chair. Daddy said something to him that Jimmy didn't hear. Dr. Paris came down from the witness stand. She walked past Jimmy, smiled, and patted her purse. The vanilla wafers with peanut butter were still waiting for him. Daddy leaned over to him.

“No Watchers,” he said.

Jimmy glanced around the courtroom.

“No, sir. I don't see any. Do you want me to let you know if one comes?”

Daddy shook his head. “I meant no questions about the Watchers for Dr. Paris. That would have kept her on the witness stand an extra thirty minutes and distracted the judge.”

Max's mother testified. Jimmy liked listening to her talk about his friendship with Max. When she told the story about Max and Jimmy playing hide-and-seek in the cornfield, he laughed before she got to the funny part about him falling asleep. Mrs. Cochran mentioned some of the problems that came up when Jimmy was with children who didn't understand him. Mr. Jasper didn't ask her any questions.

“Let's take a ten-minute break,” Judge Reisinger said when she finished testifying.

As soon as the judge left the courtroom, Dr. Paris leaned across the bar and tapped Jimmy on the shoulder.

“Are you ready for your snack?”

“Yes, ma'am.”

“No food in the courtroom,” Daddy said.

Jimmy followed Dr. Paris into the hallway. She took a plastic bag from her purse and handed it to him. Inside were three perfectly formed pairs of vanilla wafers with peanut butter between them. When Jimmy took a bite, the peanut butter oozed out the sides.

“Good,” he said. “You make them the best.”

He happily munched the treat.

“There is a water fountain around the corner,” Dr. Paris said.

“Yes, ma'am. Peanut butter makes me thirsty.”

As Jimmy turned the corner, he saw his birth mama returning from the restroom. He slowed down as she approached. She slowed too. They stopped and stared at each other. Jimmy had the uneaten vanilla wafer with peanut butter in his right hand. He held it out to her.

“Would you like one? Dr. Paris made them for me.”

“That's nice of you to offer. I'd love to have one.”

His birth mama took it from him. When she did, Jimmy could see that she had big rings on several of her fingers.

“Thanks,” she said. “Your fingers look like mine.”

Jimmy shook his head. “No,
ma'am. I don't wear any rings.”

“That's true,” she replied with a laugh. “Dr. Paris says you always tell the truth.”

“Yes, ma'am. Lying is a sin.”

His birth mama took such a tiny bite of the snack that no peanut butter oozed out.

“Jimmy, are you happy?” she asked.

“When?”

“Right now.”

Jimmy thought for a moment.

“I'm happy to talk to you and share my snack. I have five pictures of you in my desk drawer.”

“Do you like to look at them?”

“Yes, ma'am.”

“Would you like to visit me and meet your sisters?”

The question reminded him of one Mr. Long had asked over and over when practicing for the hearing. Jimmy knew what to say.

“I want to stay in Piney Grove with Mama, Daddy, Grandpa, and Buster.”

“Who is Buster?”

“My dog.”

“We have a dog. Her name is Peaches.”

Jimmy smiled. “I like to eat peaches. Why would you name a dog Peaches?”

“Because she has peach-colored fur on her back.”

Jimmy couldn't imagine such a strange-looking dog. Before he could ask another question, he heard a voice calling his name.

“Jimmy!”

He turned around. It was Bruce Long.

“Come back into the courtroom.”

“Can I get a drink of water?” he asked.

“Yes. I'll stand here and watch.”

Jimmy's birth mama continued toward the courtroom. Jimmy drank a few quick sips of water and joined Mr. Long.

“What did she say?” Mr. Long asked.

“She told me about her dog named Peaches. Have you ever seen a dog with peach-colored fur on its back?”

“No. Is that all she said?”

“I shared my snack with her.”

“Did she try to get you to say anything in court?”

“No, sir.”

“Do you want to visit her in Atlanta or live part of the time in her house?”

“No, sir. I want to stay in Piney Grove with Mama, Daddy, Grandpa, and Buster.”

“Good. Let's go.”

They reentered the courtroom. Jimmy took out his handkerchief, wiped his mouth, and sat down beside Daddy.

“She has a dog named Peaches,” he said in a soft voice.

“She talked to you?”

Mr. Long leaned over. “They passed in the hallway. Nothing substantive. He's still firm.”

Before Daddy said anything else, Judge Reisinger entered the courtroom.

“Gentlemen, I reviewed psychological reports during the break. Are there other reports coming into evidence?”

“Dr. Meyer has a report,” Mr. Long answered. “We intended to submit it during direct examination of the witness.”

“Does the other side have a copy?” the judge asked.

“Yes, sir.”

“Mr. Jasper, are you going to object to its admissibility?”

“No, Your Honor. We don't agree with his conclusions but will stipulate his qualifications as an expert witness.”

“Let me have it after the court reporter marks it as an exhibit,” the judge said. “Is he your next witness?”

“No, sir. I intended to call Ellen Mitchell.”

“The stepmother?”

“Yes, sir.”

“I'd like to hear from Dr. Meyer while the reports are fresh in my mind.”

Mr. Long glanced at Daddy, who nodded. “We call Dr. Nathan Meyer.”

Jimmy liked Dr. Meyer. He had white hair and kind eyes like Grandpa's. Mr. Long called Dr. Meyer to the witness stand and started with the same types of questions he'd asked the other expert witnesses.

Then Mr. Long asked, “How many times has Jimmy Mitchell come to your office?”

“I've had three sessions of two hours each with Jimmy, and a three-hour session with his father and stepmother.”

“What was the primary purpose of these sessions?”

“Determining the effect of any reintroduction of Jimmy's birth mother into his life.”

“What information did you have about Mrs. Horton?”

“The results of Dr. Poitier's interview and the Fulton County DFACS report.”

“Did you have copies of Dr. Poitier's interviews with Mrs. Horton's daughters?”

“No.”

“Was the information at your disposal about Mrs. Horton sufficient to form an opinion as to the suitability of Jimmy resuming contact with her via visitation and shared custody?”

“Not by itself, but when coupled with what I've learned about Jimmy and his current family situation, I can render an opinion.”

“Is that opinion set forth in the report prepared for this hearing?”

“Yes.”

Mr. Long looked up at Judge Reisinger, who was flipping through papers.

“I'm reading and listening at the same time,” the judge assured him. “Go ahead. I'll follow along.”

“Please tell us your opinion.”

“At this point in Jimmy's life and stage of development, the risks outweigh any possible benefits. The rationale for my opinion is contained in my report, but it's clear that stability is a key component of Jimmy's emotional health. In fact, stability is much more important for him than for a typical fourteen-year-old. The instability inherent in sending him back and forth between two competing households is likely to upset the equilibrium that exists. Jimmy is a sensitive young man for whom conflict is highly traumatic. Due to the influence of his parents and grandparents, he has a surprisingly positive outlook on a difficult world. Undermining this perspective will adversely affect his emotional well-being.”

“What about the nurturing benefits available from his birth mother?”

“That need has been ably filled by his stepmother. They have one of the best relationships of this type I've ever observed.”

“I don't need to hear anything else,” the judge said, glancing up. “Any cross-examination?”

Mr. Jasper stood up. “Yes, Your Honor, if I might have a moment to collect my notes.”

Mr. Long retreated and sat down beside Daddy.

“What on earth did that mean?” Mr. Long asked Daddy. “Cutting me off like that?”

“Either very good or very bad,” Daddy answered drily.

Mr. Jasper's questions for Dr. Meyer sounded a little bit like Mr. Long's questions for Dr. Poitier. However, Dr. Meyer had charged less than six thousand dollars for his evaluation and never worked with either Mr. Long or Daddy. He didn't have a book to show the judge.

“Doesn't
your opinion assume the presence of conflict if Mrs. Horton is granted visitation and shared custody?” Mr. Jasper asked.

“Yes, because it is the only realistic conclusion that can be supported by the parties' history and my practical experience. I've treated hundreds of adolescent patients who manifested problems caused or exacerbated by this type of scenario.”

“Have you read Dr. Poitier's book about successful adolescent bonding?”

“Yes, and if you read pages 234 through 238, you'll find similar comments to those I offered earlier. Of the cases studied by him, a positive result more often occurred when the absent parent reentered the picture without the presence of other significant parental figures. Dr. Poitier also notes that a strong grandparent connection can adversely affect delayed parental bonding with adolescents. In this case, very strong grandparent relationships exist between Jimmy and his paternal grandparents.”

Mr. Jasper stepped back and looked at his notes.

“Doesn't Dr. Poitier document successes?”

“Yes, but I don't consider the number statistically significant, and the ones cited are completely inapplicable to this case.”

“Uh, no other questions, Your Honor.”

Mr. Long rose to his feet. “Your Honor, do you want to hear from another witness before lunch?”

The judge tapped his pen against the bench. “I want to hear from all witnesses before lunch.”

“Yes, sir. We call Ellen Mitchell.”

Mama didn't look at Jimmy as she came into the courtroom. Her face was tense, and her expression made Jimmy's stomach tie up in a knot.

“Please state you name for the record.”

“Ellen Mitchell.”

No witness captured Jimmy's attention like Mama. Even his birth mama hadn't made him as interested in what was happening as much as watching and listening to the person more familiar to him than any other. She looked smaller than normal in the big courtroom. At first, her voice shook. But as she talked, it evened out. Her message to the judge was simple. She loved Jimmy and believed he needed the stability of a single home.

“I've devoted the past eight years to creating a home where Jimmy could thrive in safety,” she said. “He's a wonderful boy, and if we're allowed to continue what we're doing, he's going to blossom even more in the future.”

“What have you done to better equip yourself as a parent?”

“I've read several books about raising a special-needs child, attended seminars, and completed three college-level courses about child development.”

“How did you do in the college courses?”

Mama smiled. “I made an A in each one. No one was more motivated to learn than I.”

“We hear about problems between stepmothers and stepchildren. How would you describe your feelings for Jimmy?”

“I love him with my whole heart,” Mama said. “He is the sunshine of my life. In fact, that's one of my nicknames for him.”

She looked at Jimmy, and the sunlight of their smiles united.

“That's all from this witness,” Mr. Long said.

Jasper picked up a manila envelope from the table and approached the witness stand. He slid out a single sheet and handed it to Mama.

“Mrs. Mitchell, who is in this photograph?”

“Objection,” Mr. Long said. “We haven't been furnished any photos.”

“Show it to Mr. Long,” the judge said.

Mr. Jasper retrieved the picture and handed it to Mr. Long, who passed it to Daddy. Jimmy couldn't see it, but Mama's face flushed red. Mr. Jasper returned to the witness stand and handed it back to Mama.

“Have you been spying on us?” Mama asked indignantly.

“Please answer my question,” Jasper replied.

Mama put the photo on the ledge in front of the witness stand.

“That's Jimmy.”

“What is he doing?”

Mama looked at Daddy as she answered. “He's learning how to climb a utility pole at his grandfather's house.”

“He has a pole at his house?”

“In the backyard. There aren't any wires on it. It was a gift given to him when he retired.”

“How tall is this pole?”

“I'm not sure,” Mama responded through clenched teeth.

“I'm sorry, I couldn't hear you,” Jasper said.

“I'm not sure,” she repeated.

Jimmy whispered to Daddy. “It's a forty-five-foot, class-B pole.”

Daddy didn't respond.

“Do you believe this is an appropriate activity for a boy like Jimmy?” Mr. Jasper asked.

“No.”

“How often does Jimmy climb this power pole?”

“Once a week or less, depending on the weather. He's not made it to the top.”

“Do you realize he could be killed or seriously injured if he fell from this pole?”

“Yes, but they use a safety harness. His grandfather worked for Georgia Power for over thirty years.”

Jimmy whispered again. “He was a lineman and foreman.”

“I know. Be quiet,” Daddy replied.