Cracks in the Sidewalk(60)

“Your Honor,” she said hesitantly. “Like this court, Jeffrey Caruthers is absolutely and totally committed to any action that is solely in the best interest of his three young children. He has exhibited his level of dedication by setting aside his personal interest in the retail establishment of Caruthers Couture to remain at home and take care of the children that his wife, Elizabeth, can no longer care for.”

Dozens of thoughts whirled through Noreen’s head. She knew the summation she’d practiced based on the psychological damage the children could suffer from exposure to their dying mother wouldn’t work now. On the spur of the moment she decided to shift strategies and target Claire and Charles.

“Your Honor,” Noreen said, her voice commanding, strong and upbeat. “Although Jeffrey Caruthers is deeply saddened by his wife’s medical condition, he still has three children to look after. These children deserve as much stability as possible despite these tragic circumstances. The McDermott household does not offer either a stable or tranquil environment. We’ve heard Elizabeth Caruthers testify that she accepts and understands the reality of her death and wants her children to do the same. However, the McDermotts, who are part and parcel of any visitation, are in complete opposition to her way of thinking. Instead they preach and predict a cure.

“Charles McDermott told the court-appointed psychologist that he, meaning the healthy thirty-two-year-old doctor himself, could quite possibly die before Elizabeth. Charles and Claire McDermott have both voiced this commitment to the idea that some yet-undiscovered miracle drug will come along in time to save their daughter.”

“What we have here,” Noreen gestured toward the plaintiff’s table, “is a house divided. A family where the mother will whisper the reality of death into the children’s left ear while the grandparents shout fantasies of cure into their right. The children will have one figure of authority dispensing hope, the other dashing it.

“Reality, fantasy,” Noreen said, turning her palms upward and using them as measuring scales. “Reality, fantasy,” she repeated. “How can we even hope to understand the weight of that on a young mind? In such an environment, it would be almost impossible for any child, even a child of considerable maturity, to avoid the confusion that inevitably leads to emotional problems.”

Noreen paused, walked back to the table, and took a long drink of water. The expression of concern sliding onto Judge Brill’s face said she was driving home her point. Good, she thought and continued.

“In addition to all of this emotional turmoil, the children will also be exposed to Claire McDermott’s potential for violence. We’ve already heard how she took a sledgehammer to my client’s door. Who’s to say such an incident won’t happen again? Next time it could be one of the children who become her target of outrage.”

Noreen noticed a frown cross the judge’s face, so she stopped any further exploitation of Claire.

“Over the past months,” Noreen said, “Jeffrey Caruthers has tried in the gentlest way possible to wean the children away from their mother, to lessen their connection and their dependence upon her. Was he trying to be cruel? Absolutely not! He was doing what, as a loving father, he felt compelled to do so that when Elizabeth Caruthers finally leaves this earth, her children would be spared the heartbreak and trauma he has had to suffer.

“Such an action has been hard on Jeffrey Caruthers. It has cost him his business, his financial stability, even his relationship with his wife and her family. But to him it was worth it, because he was protecting the tender hearts of his children who with the careful guidance of their father have now reached a point where they no longer cry for their mother, where they no longer beg that she come home. They’ve reached a point where she’s gradually fading into a sweet memory. It would be unthinkable to take this progress away from them.

“Jeffrey Caruthers is not a saint, and I don’t purport to picture him as such. He is, however, an extremely devoted father who tries to protect and care for his children. It’s regretful that other relationships have faltered because his focus has been on doing what is best for his children. He could have salvaged those relationships by catering to the needs of his wife and in-laws. But he chose to concentrate on his children. Jeffrey Caruthers did what he believed was best for them, and if he had to make that choice again he would do exactly the same thing.

“We ask that the court endorse these efforts by denying any visitation to the McDermott household, which unfortunately includes Elizabeth Caruthers.”

Noreen turned back to her table and sat down.

~

Judge Brill thought for a moment before speaking.

“I am extremely cognizant of the need for an early decision in this case, but there are many complex and tragic issues, all of which I must take into consideration before rendering my verdict. Before ten o’clock Monday morning both attorneys will receive my decision.”

With that he rapped his gavel, then left the courtroom.





Samuel E. Brill


Judge Brill left the courthouse Friday afternoon with stooped shoulders, his head tilted forward, and his eyes downcast. Placing one foot in front of the other, he propelled himself across the parking lot. In his right hand he carried a brown briefcase swollen with papers, a load so heavy it caused him to list to that side.

After hearing the summations of Caruthers v Caruthers, he’d sat through eight more tales of family strife—brother against brother, daughter against mother, child neglect, spousal abuse and violence…such terrible violence. On their faces Judge Brill saw the tracks of bitter tears and in their eyes stories of heartache piled upon heartache. It seemed as though there was no limit to the amount of bitterness and hatred a person could feel toward someone they’d once loved.