Cracks in the Sidewalk(58)

“Jeffrey can’t deal with life, let alone death. He believes that this situation is life’s way of getting back at him. He’s angry because he lost the store. He’s angry with my dad because he didn’t get the money he wanted. He’s angry with Mom because she loves me, and he equates that with disliking him. But most of all, he’s angry with me. Jeffrey hates broken things, and to him I’m not only broken but I’m also to blame for getting sick and forcing him into a situation where he has three kids to look after and all these financial problems.”

“But, why would he—”

“Jeffrey’s not a man of faith. He wants to believe he’s got a better plan than God. When his plan fizzles, he’s got nowhere to go and no one to turn to.”

“Have you spoken with him about—”

“Many times. But Jeffrey’s set in his way. Something is either perfect or it’s broken, and if it’s broken he wants to get rid of it.”

Elizabeth allowed the right side of her mouth to curl into a sad smile. “One time I told Jeffrey, ‘Nothing’s perfect. Life is like a sidewalk leading to heaven. We’re bound to come across a few cracks in it.’ Know what his answer was?”

Judge Brill shook his head.

“He told me, ‘When you find cracks in the sidewalk, it’s time to look for a new house.’”

“And how do you view those cracks in the sidewalk?”

“They’re God’s way of moving life’s cement. He’s giving us a chance to let something new grow.”

A long minute passed before Judge Brill asked another question. “Do you feel you’re physically able to handle all three children at one time?”

“I doubt that I could do it by myself. But my parents are almost always nearby, and they’re happy to lend a hand.”

“That might not be the ideal situation, since your husband believes the children will be adversely affected because of your parents’ dislike for him.”

“He might think that, but it’s not true. They’re disappointed because of the way Jeffrey’s treated me, but Mom and Dad are not vindictive people and they’d never dream of saying something negative about Jeffrey in front of our children.”

Judge Brill continued chatting with Elizabeth, first about her years of living with Jeffrey, and then about her relationship with her parents. After that exchange he asked what type of visitation she wanted.

“Unfortunately, I have no way of knowing how long I have, so to me every day is precious,” Elizabeth said. “If I could be with my babies every day, I’d be deliriously happy.”

“But you realize that probably won’t happen, right?”

“Yes, but you asked what I wanted, not what I thought might actually happen.”

Judge Brill laughed. Then he tenderly placed his hand over Elizabeth’s, promised to be fair, and said goodbye. As the small entourage left the McDermott house, the judge told the attorneys that he would hear their summations Friday morning at ten o’clock.

Noreen winced. That gave her one evening for preparation, hardly enough time to structure an argument to convince herself, let alone Judge Brill, that spending time with this woman could be harmful to any child. Noreen had anticipated finding a frail, dreary-faced woman, a pathetic person too irrational and far too morbid to be with impressionable young children. Unfortunately, Elizabeth Caruthers was exactly the opposite with gentle words and crystal clear reasoning. Even in the face of adversity, she appeared strong and sensible. Worse yet, she was genuinely believable. Elizabeth had convinced the judge that she was a loving mother deeply concerned about the wellbeing of her children.

Noreen’s hopes for a plaintiff who would rant about her hatred of the defendant were gone. Elizabeth Caruthers had expressed sympathy for him and nothing more. She’d left no loopholes and pretty much slammed the door on most of the closing arguments Noreen had in mind.

~

As soon as Noreen arrived at the office, she called Jeffrey Caruthers to explain the details of Elizabeth’s testimony. Jeffrey was ready for war long before Noreen suggested they agree to supervised visitation twice a month.

“I’ll agree to nothing!” JT shouted. “Nothing!”

“I’m not suggesting you give in,” Noreen argued. “But if we’re forthcoming with a reasonable offer of terms for visitation, there’s a good chance Judge Brill will go along with what we’re proposing. On the other hand, if we remain confrontational, there’s a distinct possibility he’ll issue a visitation order the way Elizabeth requested it.”

“How’s that?”

“She told Judge Brill she wanted to see the kids every day, and judging by the look on his face I got the impression he was listening.”

“You gotta be kidding!”

“I’m not.”

“What kind of half-baked lawyer are you?” JT screamed. “You’re supposed to win this, not give in! I told you what we were up against and you said we could win! You said—”

“Knock it off, Mister Loud-mouth!” Noreen finally yelled back. “I’m sick of hearing about what I said. You told me your wife was a half-dead invalid, incapable of thinking or caring for her children. That, my friend, is a gigantic, bold-faced lie! Elizabeth Caruthers is very much alive. She’s also likeable and articulate! Face facts, your wife was a very credible witness. Whatever argument we had regarding her rationality is gone, vanished, down the drain!”