Mike hesitated, then backpedaled. "No, of course not, your honor. But since she is no longer here to take care of him, the benefit of a two-parent family can't be denied." He patted Joan's hand. "We were here when Zane needed us. While my stepbrother Colin was off chasing his macho dream of being a Navy Seal."
Joshua stood but waited patiently for the judge to acknowledge him. It didn't take long.
"I take it you take exception to Mr. Lawson's statement, Mr. Penbrook?"
"I do, your honor, on many levels. The first being the fact that my client's 'macho dream' of being a Navy Seal helped keep this country free and safe. The second, your honor, is that Mr. Shepard took appropriate steps to ensure the boy was taken care of in his absence. As soon as he received the news, he telephoned his parents and arranged for them to care for Zane for six months to give him time to recuperate."
Joshua glanced over his shoulder towards Colin's mother. "They agreed, your honor. However, they did fail to mention that they were going to give the child over to Michael and Joan. That my client only learned very recently." He picked up a folder from the table and walked the few steps up to the judge's bench.
"This, your honor, is record from Mr. Shepard's bank showing that he directed them to issue a monthly check to his mother in the amount of one thousand dollars to pay for Zane's preschool and daycare, as well as any other expenses they might incur on his behalf." He gave Michael a scathing glance. "So, you can see your honor, that even while in a considerable amount of pain and while lying in a hospital bed, my client still took measures to see to the child's care and well being. And as soon as he could convince the doctors to release him, he returned here to collect Zane and see to his care personally."
"All very commendable, Counselor," the judge said. "But unfortunately it doesn't answer the question as to whether or not Mr. Shepard is now capable of caring for Zane. The court acknowledges the wishes of Zane's mother, however, it is our duty to make the best decision in the interest of the child. Regardless of personal preference."
"With all due respect, your honor, if we didn't want what was best for Zane, we wouldn't be here today," Joshua said, then he sat down.
"Noted," the judge said, turning his attention to Colin. "Mr. Shepard, is there any reason you would like to share with the court as to why Zane would be not better off with the Lawsons?'
I hesitated, then stood. "There is, your honor, but it will require a little back-story." At the judge's nod, I went on. "Our mother remarried when we were ten, bringing the Lawson's into our home. Michael was two years older than us and often put in charge of the two of us when the grown ups went out for the evening." I paused, looking Judge Freeman dead in the eyes. "To say his parenting skills were lacking would be a vast understatement.'
The judge smiled. "You do realize that you are talking about the parenting skills of a teenage boy, do you not?"
I gave a short nod. "I do, sir. However, bullies seldom change even as they age."
Freeman's smile disappeared. "Are you making an allegation of abuse by Michael Lawson?"
"Not physical, no. Other than to pull and push us into place, he never laid a hand on us. But he found other ways to make our lives unbearable, sir."
"Can you give us an example?"
I thought briefly and settled on one point in time. "My step-father won a weekend getaway through his company. We were twelve and Michael fourteen at the time. They left on Friday morning and returned on Sunday night." I swallowed, remembering. "My mother made sure to stock the fridge and cabinets with sandwich makings and snacks, and she left enough money for us to order pizza Friday and Chinese takeout on Saturday."
I heard Michael moan, "Not this again." But I ignored him.
"Michael had wanted a new game for his console for a long time, so the money didn't last long. He decided to cook for us instead. His great culinary skills meant that he took a frozen chicken from the freezer and threw it into the oven. The result was absolutely inedible your honor, and probably would have made both of us very sick had we eaten it. So we refused. That earned us Mike's extreme displeasure."
"Wah, wah, wah, here we go," Mike said out of the corner of his mouth. I don't think it was loud enough for the judge to hear, so again I ignored him.
"He dragged us upstairs and into our rooms, then locked us in. Neither of us got a bite to eat for the rest of the weekend. Not until my mother got home Sunday. The only liquid we got was water that we drank straight from the tap of the bathroom sink."
Michael jumped up. "That's a lie, your honor! I offered them food several times, and each time they refused. They were being little brats."
The judge looked back to me, one eyebrow raised in question.
"Oh yes, your honor. He offered us the chicken, which was quickly starting to smell in the heat, several times. But not a single bite of anything else. He even slept outside our bedroom doors to make sure we didn't get out in the middle of the night and raid the kitchen."
"The chicken wasn't that bad, your honor. They could have eaten it," Mike said. "The two of them were just trying to get me into trouble. They didn't like me being in charge."
"Did you eat the chicken, Mr. Lawson?" Freeman asked. "And do remember that you are under oath here."
Mike hesitated, throwing a quick glance over to Sheriff Green. What the hell was that about?
"Chicken isn't my favorite, your honor, so I just had a sandwich instead." His chin went into the air. "But it wasn't nearly so bad as he's making it out to be. They could have eaten the damn chicken."
Freeman closed his eyes briefly and shook his head. "Still, that was many years ago, and surely Mr. Lawson has matured. And he has the help of his wife, Joan, to do the cooking now."
"I had hoped he had changed, too, your honor, but he hasn't." My eyes were swimming with moisture as I pulled Mr. Cuddles from the bag and held him up for the judge to see.
"Oh for heaven's sake, what did you bring that hideous thing here for?" Michael asked, disgust dripping from his voice.
I never even looked at him, keeping my eyes on the judge. "This 'hideous thing', your honor, is Zane's best friend in the whole world. He sleeps with it every night, talks to it in the middle of thunder storms, and takes it everywhere he goes." I felt a single tear slip down my cheek, but I couldn't stop now. "He was in a heap by the front door of the house, your honor. Zane would never have left him willingly."
My voice caught and sounded strangled even to me. "His mom gone, taken from the only home he'd ever known, and he wasn't even allowed the comfort of a stuffed animal."
I wiped my now wet cheeks and prepared to sit back down. "Please, your honor, keep your word. Make the decision that is by far in the best interest of my nephew. Please."
I sank back in my chair to the sound of clapping. Michael was being his jerk self again. I really hoped the judge was taking notes because the rest was up to him.
Judge Freeman turned to Michael with a scowl. "And now the moment you've been so anxiously awaiting, Mr. Lawson. Would you please state for the court why you feel your home would be the best environment for raising Zane Shepard?"
"With pleasure, your honor. And I promise not to cry and use theatrics while doing so, too," Michael said standing. He must have been boning up on his legal shows because rather than staying behind his table, he began pacing in front of the judge's bench.
"There are several reasons that make my adoption of Zane the only logical choice, your honor. First and foremost, of course, would be the fact that Zane would be gaining not only a father but a mother as well. Secondly, both my wife and I are able to control Zane as we," he gave me a pointed glance, "have full use of all our faculties. Plus, my wife has money left from an inheritance from her grandfather and that combined with my position at the bank," he puffed his chest out, "would ensure Zane a secure financial future."
One round up and back before the bench in silence. Definitely too much Perry Mason watching. Just as the judge opened his mouth to speak, Mic
hael went on.
"Now let us take a look at the flip side of that coin. What would Zane's life be like if adopted by a single, and openly homosexual, man?" I'd been wondering when he would play that card. Joshua reached over and squeezed my hand under the table.
"While I have nothing against homosexuals in general, your honor, I'm sure if God had intended them to raise children, he would have set things up a bit differently, don't you think? And whether we like it or not, children these days can be cruel. Having a father that dates men could cause young Zane a lot of teasing and abuse when he starts school."
Only from kids with fathers like you, I thought.
"Plus, there is his security to consider. Not only would Colin not be able to handle emergencies well, how does he propose to take care of Zane financially? Up to his accident, he has worked construction and drawn military reserve pay. Where will his money come from now? I understand that he and his sister have a joint bank account and that she was doing pretty well for herself. But what happens when that money runs out?" Michael shook his head.
"No, your honor," he continued. "Becca's wishes simply cannot pass into being. Not the way things stand today. And if she were here beside me today, she would be saying to you the same thing I am. Do what is best for Zane. Give him a stable home with two loving and financially capable parents."
With that and a small bow to both the bench and his captive courtroom audience, Michael sat down. Judge Freeman turned back to me. I pushed the file to Joshua, and he took it up to the bench while I once again struggled to my feet while trying to give the appearance of not struggling. All of this up and down was beginning to be painful.
Freeman took the folder from Josh with a raised eyebrow. "And just what is this?"
"Proof of my own financial stability, your honor," I said. "My sister and I shared a bank account because we shared a business, sir. We write and publish digital books on several platforms." I coughed, hoping that I wouldn't have to go into too much detail about the type of stories those books contained. "They are extremely popular with our readers. That file will show that the bank account Michael referred to has continued to have consistent deposits made to it from our publishing efforts, even after Becca's disappearance."
Freeman glanced through the file and gave a low whistle. "I didn't realize the writing business paid so well," he said.
I shrugged. "We were lucky to find an audience that likes what we write. There is also a spreadsheet that shows the income that has been earned so far for the last book I published. It might help you to know that book was written in entirety while I was still in the hospital. So I am capable of supporting Zane very well, sir. You don't have to be able to win a race in order to write."
I watched the judge's eyes widen as he checked out the spreadsheet. He shook his head. "I'm sorry, but there appears to be a rather large typo here. This simply can't be right."
"My bank statements are in the previous file, your honor. I’ve stapled the deposit’s breakdown reports to each statement. You are welcome to check the deposit amounts."
He did so and cleared his throat. "I stand corrected." He closed the files with a sigh. "The two of you have left me with a very difficult decision to make. Before I make a choice that will determine the young boy's future, I think perhaps I should have a little chat with him."
Michael literally bounced out of his seat. "With all due respect, your honor, children under the age of twelve are generally not consulted about whom they wish to live with. They are far too young for such responsibility."
Judge Freeman gave him the benefit of his full judicial stare for several seconds before replying. "I'm going to go out on a limb here and make an assumption that you did not follow the court order that stated you were to bring Zane with you today?"
For the first time, Michael seemed to be unsure of himself. "He woke up not feeling well, your honor, and with the law being what it is, I didn't think it necessary. Surely you can make the determination in favor of a stable home without talking with him?"
"You didn't think it necessary to follow a court order, Mr. Lawson?" Michael stuttered a few times, but nothing coherent came out.
I tried, but I just couldn't keep the smile off my face.
"Sheriff Green, would you be so kind as to run out and pick up Zane Shepard and bring him to my chambers?"
As the sheriff stood, Michael tried one last thing. "No need for that, your honor. I'll go and get him right now." He tried to leave his table before giving the judge time to respond, but Freeman wasn't having any of that.
"You will do no such thing, Mr. Lawson. You will, however, provide the address where the boy can be found to the sheriff." The judge hesitated and then said, "One more thing, Sheriff. Could you please collect Mr. and Mrs. Lawson's cell phones? I don't want my little chat with the boy to be tainted with instructions from the two of them."
Sheriff Green collected the phones with a small smile, handing them over to the judge. Then he stopped by the table as Michael grudgingly wrote down an address and left to collect my nephew.
"The court will now adjourn for a short recess." Freeman glared at Michael. "And I do not recommend that you try to contact your nephew prior to my meeting with him. Is that understood?"
Michael nodded, looking a bit ill.
Maybe, just maybe, I stood a chance.
CHAPTER THREE: In the Judge's Chambers (Gabe)
When he got back to the courthouse, Sheriff Gabe Green took Zane in a back way. The boy was nervous enough already, he didn't need to be marched down an aisle of curious people. And he sure as hell didn't need to be seeing that jackass of an uncle of his. Or step-uncle to be more accurate.
Personally, he was rooting for the Navy Seal. Well, ex-Seal now. If he was any judge of men, which was kind of given in his line of work, it wouldn't be long before Colin Shepard was back fully on his feet again. And there wasn't a doubt in his mind that his home would be the best one for young Zane.
He was hoping the judge felt the same way. As much as Gabe hated the thought of foster care, even that would be preferable to sending that boy back home with Michael Lawson.
Mike and Gabe had shared several friends in high school. That resulted in his spending a lot more time around the jerk that he would have preferred. Mike had been overly proud of himself back then and had bragged to them about the very weekend Colin had spoken about.
Gabe smiled. He had seen Mike’s hesitation and glance before he answered the judge. It made him feel that he had done the right thing by being there. At the very least, he had been able to keep Mike honest in that one instance.
He held the boy's hand as they walked and he could feel Zane trembling. "There isn't anything to be afraid of, Zane," he said. "You are just going to have a little talk with Judge Freeman. He's really a very nice man." Gabe leaned down and lowered his voice conspiratorially. "And I happen to know he has a stash of Little Debbie snack cakes in his desk drawer."
Zane bit his lip. "But I'm not supposed to talk to him. I'll get in trouble, and I've got to save my toys up."
What the? "I promise you that it's okay to talk with him. And I want you to answer whatever the judge asks you truthfully, okay? Even if someone told you to say something different like a fib. Just tell the truth and I promise you it will be okay."
The boy's head dropped. "Grown-ups don't always keep their promises to little kids."
Gabe stopped just outside the back door to the courthouse and bent down on his heels to look Zane in the eyes. "Maybe some grown-ups don't, but I do." He hesitated just a moment, then decided to go for it. "Did you know your Uncle Colin is here?"
The boy's eyes lit up. "He's really here? Can I see him?"
The sheriff nodded. "I'll make sure you get to see him, but only if you agree to be honest with the judge. Deal?"
Zane thought it over and it looked like he was doing math computations. At least that's what it looked like to Gabe. He was pretty sure the boy was counting on his fingers, but what he
was counting he didn't have a clue.
Finally, he nodded. "Deal." He paused. "You really keep your promises?"
"Every single one of them, especially the ones I make to little kids."
The judge's chamber was a small room, with barely enough space inside to house his desk, one small bookcase, two visitor chairs and a small love seat. Of course, part of the reason the room looked so small was that the judge himself was a very large man.
Freeman stood as they entered and Zane moved back a step, placing Gabe between them. His trembling increased. The judge could be intimidating as hell, especially to a five-year-old.
"Zane, this is Judge Freeman." Gabe threw the judge a small smile. "I hope you don't mind, judge, I let Zane in on your secret snack stash. He looks pretty hungry, doesn't he?"
The boy peeked out from behind Gabe. Freeman sat down and ruffled through his desk drawer. "He does at that," he said absently. "Let's see, I've got brownies, oatmeal creme pies, and one last blueberry muffin." He looked up at Zane, who licked his lips. "Which would you like?"
“Could I have a brownie, please?”
Freeman tossed the small package to Gabe, who handed it down to the boy and then turned to leave. Zane sniffed, and Gabe turned back to the judge.
“Why don’t you stick around too, Sheriff? I’ve been told I’m kind of scary to children.” The judge looked down at his considerable paunch. “Though I really don’t understand it. I mean Santa Claus is bigger than I am, and kids actually want him around.”
Zane gave a small giggle, and Gabe smiled. Judge Freeman was a very good man.
“Sheriff, would you stick your head out into the clerk’s office and ask them to bring Zane a soda?” He looked down at the boy. “What’s your favorite drink?”
The boy looked wistful. “I’m not supposed to have soda, ‘coz it has too much sugar. But I guess if all you have is soda, it would be okay, wouldn’t it?”
“Of course it would. And we just happen to be fresh out of everything but... now what did you say your favorite was?”
All About Zane (Travis County Legal Book 1) Page 2