Cracks in the Sidewalk(46)

“There is also the issue of a full psychiatric examination,” Noreen argued.

“And why,” Judge Brill asked, “is that considered relevant?”

“Your Honor,” Noreen said, “we have no way of knowing whether the tumor pressing against Elizabeth Caruthers’ brain has in any way altered her mental capacity. So before the court considers any type of visitation, we would like to see documentation attesting to her stability.”

“Do you have reason to believe she might in some way harm the children?”

“Not at this moment, but in a situation such as this—”

“Miss Sarnoff is creating a hypothetical that has no relevance here!” Dudley argued. “First off, we have stipulated that Elizabeth Caruthers does have blackout periods, but they are infrequent and limited in duration. Secondly, she lives with the grandparents of the three minor children. These people are her parents, one of whom is always in attendance and readily available should she require assistance. The truth of this matter is that Miss Sarnoff realizes time is of the essence, and she is determined to delay these proceedings until the outcome is decided by my client’s demise.”

Judge Brill turned to Noreen. “I’m inclined to agree with Counselor Grimm. You’re in possession of Doctor Belleau’s psychological evaluation of the plaintiff, and you have Doctor Sorenson’s statement. Therefore, I am going to deny your request for further depositions but will allow a two-week continuance.”

“But—”

“There are no buts,” Judge Brill said emphatically. “I expect this trial to be on the court’s calendar before the October recess.” He initialed his denial and handed it to the clerk in attendance.

“Next issue,” the judge, said turning to Dudley. “Your request to dismiss Mister Caruthers’ plea for sole custody.”

“Again, we feel that the custody motion is another of the plaintiff’s attempts at creating undue delay,” Dudley said. “This is a meaningless motion, since Jeffrey Caruthers already has physical custody of the children. Once his wife dies he will automatically inherit sole legal and physical custody. In the interim, there is no evidence of parental misconduct that would preempt Elizabeth Caruthers from retaining her custodial right for visitation.”

Judge Brill gave Noreen a nod. “Miss Sarnoff?”

“We of course oppose the request for dismissal, Your Honor,” she answered. “My client’s plea for sole legal custody was made to avoid any potential interference or entanglement created by the children’s maternal grandparents. It is well documented that there is considerable friction between Mister Caruthers and the grandparents. Giving Mister Caruthers sole legal custody would avoid any potential issues that might arise after their daughter’s death.”

“Unless there is evidence of parental abuse,” the judge said, “the grandparents have no legal standing in the custody issue.”

“Perhaps not, but they can engage my client in a time-consuming and costly lawsuit.”

The judge raised a doubtful eyebrow. “Given the existing circumstances, I tend to agree that this is a frivolous petition. So, although I am denying Mister Grimm’s motion for dismissal, I am going to hold this petition in abeyance until the court has reached a decision on the issue of visitation.”

“Thank you, Your Honor,” Noreen and Dudley echoed simultaneously.





Room 110


Union County Courthouse

The courtroom split straight down the middle so that warring parties need not sit shoulder-to-shoulder. When Judge Brill entered the room, the clerk called out, “All rise. Court is now in session, the Honorable Judge Theodore Brill presiding.” The judge sat, and everyone else followed.

In the past two months, Elizabeth Caruthers’ headaches had increased in both number and intensity. Some days she found it difficult or nearly impossible to pull herself from bed. Elizabeth had heeded Doctor Sorenson’s words—“Undue stress will only serve to worsen your condition”—and stayed home. In her place Claire and Charles McDermott sat at the plaintiff’s table with Dudley Grimm.

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.