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.
“Do you believe there is greater risk in allowing Jimmy to climb a power pole or in getting to know his mother, who wants to nurture a positive, healthy relationship with him?”
“Objection, argumentative,” Mr. Long said.
“Sustained. You’ve made your point, Mr. Jasper,” the judge said.
“His father is there to make sure Jimmy doesn’t fall,” Mama blurted out.
“Oh, so Mr. Mitchell directly supports this activity?” Mr. Jasper asked in surprise.
“Yes.”
“Is the whole family in on this educational project?”
Mama frowned but didn’t speak. Mr. Jasper retrieved another photo from the envelope and handed it to Mr. Long and Daddy. Jimmy craned his neck and saw Grandpa’s pickup truck. The lawyer handed the photograph to Mama.
“Who is in this picture?”
“Jimmy.”
“What is he doing?”
“He’s riding in the back of his grandfather’s pickup truck with a few fishing poles. It’s just a couple of miles to the pond where they like to fish.”
“Do you consider this a safe way to transport Jimmy?”
“No.”
“Are you aware that most motor accidents occur within four miles of a person’s home?”
“No.”
“Does Mr. Mitchell consider this a safe way for Jimmy to ride in a truck?”
“No.”
Jimmy whispered. “You let me ride in the back of the truck all the time.”
“Quiet! I mean it,” Daddy responded.
“How often does Jimmy ride without use of a seat belt in the back of a pickup truck?”
“He would only do it for short trips in warm weather.”
“Do you believe there is greater risk in allowing Jimmy to ride unrestrained in the back of a pickup truck, or in getting to know his mother, who wants to nurture a positive—”
“No need, Mr. Jasper,” the judge interrupted.
“Yes, sir.”
Mr. Jasper took out another picture. Jimmy could hear Mama’s sigh all the way across the courtroom. Mr. Jasper handed the photo to Mr. Long and Daddy, who shielded it from Jimmy’s curious gaze.
“Mrs. Mitchell, is this Jimmy in this photo?”
“Yes.”
Mama set the picture on the ledge before her.
“What is in his hands?”
“A BB gun.”
Mr. Jasper picked up the photo and looked closely at it.
“Would you agree that it looks like a rifle?”
“It’s a BB gun. He shot it at Max Cochran’s house. They live out in the country.”
“Is this the family of the Mrs. Cochran who testified earlier?”
“Yes.”
“Is their son, Max, Jimmy’s best friend?”
“Yes.”
“Does Jimmy often spend the night at their house?”
“Occasionally.”
“If Mrs. Cochran mentioned that Jimmy spends quite a bit of time at their house during the summer, would she be correct?”
“Yes.”
“Does Mr. Cochran keep guns in his house?”
“Yes, he’s a deer hunter.”
“Did you inspect the gun in this photo to make sure it wasn’t a deer rifle?”
“I wasn’t present.”
“How often does Jimmy shoot guns at the Cochran house?”
“I don’t know.”
“Did you give permission for Jimmy to shoot any kind of gun at the Cochran house?”
“No. I didn’t learn about it until Jimmy’s birthday party last week.”
“Does Mr. Mitchell support Jimmy playing with guns?”
“No.”
Mr. Jasper looked up at the judge. “Same question, Your Honor.”
“Duly noted,” Judge Reisinger replied.
“Thank you, Mrs. Mitchell. That’s all the photographs and questions I have at this time,” Mr. Jasper said.
Mama left the witness stand and walked past the table without looking at Daddy. She had a serious look on her face. Jimmy turned around and saw her sit down next to Max’s mother and shut her eyes.
“We call Lee Mitchell,” Mr. Long announced.
Daddy straightened his tie as he walked up to the witness stand. Daddy was so smart that Jimmy knew he would be a good witness.
— Twenty-four —
First, Daddy talked about being a lawyer in Piney Grove. Daddy couldn’t do everything Max’s father could do around the house or in the woods, but Jimmy was still proud of him.
“Where and when did you and Mrs. Horton meet?” Long asked.
“While I was in law school at the University of Georgia, but we didn’t marry until several years later.”
“Did you hear her description of your marriage and divorce?”
“Yes.”
“Do have a different perspective?”
“Somewhat. I have faults, but our problems weren’t as one-sided as she claims. Neither of us worked as hard as we could have to salvage the marriage. I hope we both learned lessons that will help our current marriages be more successful.”
“How long have you and Ellen Mitchell been married?”
“Eight years. She’s a great wife and wonderful mother to Jimmy.”
Jimmy wanted to say “amen” like in church when the preacher said something that was true.
“Do you recall Mrs. Horton trying to contact you after the divorce?”
“I remember two occasions. Both times I was out of the office, and she left a message with my secretary.”
“Do you have proof of the date and time of those calls?”
“Yes. I saved the slips and put them in our divorce file.”
Mr. Long handed Daddy two slips of pink paper.
“Are these the message slips?”
“Yes. One call came about a year after the divorce and the other three months later.”
“Did you return the phone calls?”
“No.”
“Why not?”
“She’d walked out on us without looking back, and I wanted to go on with my life.”
“Did you receive any other verbal or written contact from her?”
“Not for ten years.”
“Any child support during that time period?”
“No.”
“What about contact by her with Jimmy?”
“None.”
“Why didn’t you file to terminate her parental rights during this time?”
“I knew the law would allow me to petition the court to do so after a year passed without contact or payment of child support, but I didn’t want to stir up controversy. Ellen has always wanted to adopt Jimmy, but like Vera, I was tired of fighting and didn’t want to start another war.”
“Why do you want to terminate her rights now?”
“She brought the war to us, and I believe adequate grounds exist to end her right to disrupt our family in the future.”
Mr. Long handed Daddy the three photographs used by Mr. Jasper.
“What is your perspective on the activities depicted in these pictures?”
“Jimmy has limitations, but I haven’t raised him in an overprotective bubble. He’s a fourteen-year-old boy growing up in a small town. If that means riding in the back of a pickup truck a few miles to a fishing hole on a hot summer day, it’s okay with me. The Cochrans and my father are reliable folks, and there have been no incidents of injury or improper supervision of Jimmy while he’s been with either of them. All three of these pictures taken by Mr. Jasper’s private detective were shot within the past two or three months.”
“Objection. Speculation by the witness,” Mr. Jasper said.
“I doubt you found these photographs lying on the street,” the judge responded drily. “Mr. Mitchell can testify as to the approximate time period during which they were taken and the activities depicted. You can offer rebuttal evidence if you choose to do so. Overruled.”
Daddy continued, “And I’m proud of Jimmy learning how to climb the power pole. It’s been a tremendous confidence builder for him to engage in an activity that none of his peers have attempted. My father was a lineman with the Georgia Power Company and trained many young men to climb. The harness he rigged up on the pole makes it as safe as climbing a step ladder, and I’m always present to assist if needed. So far, that hasn’t been necessary.”
Daddy’s speech made Jimmy feel good. It was nice to find out what Daddy really thought about things.
“When Vera left, I resolved to be the best father I could to Jimmy,” Daddy said. “I’ve not been perfect, and I realized earlier today that I’ve not been as accessible to Jimmy as I should have been. I’m looking forward to being his father more than ever.”
“That’s all I have from Mr. Mitchell,” Mr. Long said.
“Mr. Jasper, you may cross-examine,” the judge said.
Bob Jasper was an experienced lawyer, but he made a first-year-associate mistake and replowed ground tilled by Bruce Long in hope that he might unearth something new. Daddy turned every question into an opportunity to reemphasize the points he wanted the judge to remember. Jimmy could see Mr. Jasper’s frustration level rising. The Atlanta lawyer pulled out the photographs that cut so deeply during cross-examination of Mama.
“Mr. Mitchell, did you hear your wife state under oath that she considers these activities inappropriate for Jimmy?”
“Yes, and I don’t agree with her. Like every couple, we have different perspectives on some issues, but we’re a unified team when it comes to providing a good home for Jimmy. On all major matters we’re in agreement.”
“Don’t you consider Jimmy’s safety a major matter?”
“Absolutely, but there’s no indication that anything you’ve brought up is a true danger. It’s all speculation.”
“What about leaving Jimmy in the custody of your sixteen-year-old nephew, who took Jimmy out into the woods and didn’t watch out for him?”
Jimmy could see Daddy’s jaw stiffen.
“We left him with my brother-in-law and his wife, not the nephew.”
“Were any adults present when the nephew took Jimmy into a remote area of Cattaloochie County a few months ago?”
“No.”
“One last matter, Mr. Mitchell,” Jasper said. “Has Jimmy ever been lost in the woods?”
“Yes.”
“Did this occur while you and Mrs. Mitchell were out of town and Jimmy was left with a sixteen-year-old cousin who’d just gotten his driver’s license?”
“Yes.”
Jasper held up a sheet of paper. “I have the police report, but would you tell us in your own words what happened?”
Daddy turned toward Judge Reisinger.
“They were going to collect flowers and plants. My nephew stepped in a hole and broke his ankle. Jimmy walked through the woods to a road where a deputy sheriff picked him up.”
“How long was Jimmy alone in the woods?” Jasper asked.
Jimmy leaned over to Mr. Long. “I wasn’t alone. Buster was with me.”
“He doesn’t count,” Mr. Long replied in a soft voice.
“About six or seven hours,” Daddy said.
“Was it getting dark by the time they rescued him?”
“Yes.”
“If he’d not been rescued, would he have spent the night alone in the woods?”
“Yes.”
“Do you consider this a minor incident?”
“No, but except for a few scratches, Jimmy came out okay.”
Mr. Jasper paused before asking his next question.
“Mr. Mitchell, do you believe there is greater risk of danger in allowing Jimmy to accompany a sixteen-year-old nephew to a remote area in the woods where he’s lost for several hours than in getting to know his mother, who wants to nurture a positive relationship with him?”
Mr. Long stood up. “Objection. You previously instructed Mr. Jasper—”
“Overruled,” the judge interrupted. “I’ll let him answer the question.”
“I don’t think either option is a good one.”
Mr. Jasper stood still for a second as if searching for another question.
“That’s all,” he said.
Mr. Long stood. “We call Jimmy Mitchell.”
“I won’t receive any testimony from the
boy in the courtroom,” the judge said. “I’ll talk to him in Judge Robinson’s chambers.”
“I’d like the Court’s indulgence to be present during that process,” Mr. Jasper said.
“I would like to observe as well,” Mr. Long added.
“No need for either of you to join us,” the judge responded. “I’ve perused the psychological reports and feel comfortable talking to Jimmy alone.”
“We could stand at the back of the room without making any comments,” Mr. Jasper offered.
“I want you to stay in the courtroom.”
Daddy leaned over to Jimmy. “Go with Judge Reisinger and remember what we told you.”
“Yes, sir.”
“Jimmy, please come with me,” the judge said.
Jimmy rose to his feet. Although he’d done nothing wrong, he felt as if he was going to the principal’s office at school. He nervously followed Judge Reisinger from the courtroom. The door closed behind them with a loud click.
“Judge Robinson’s chambers are this way,” the judge said.
Jimmy followed the judge down a hallway to a door marked “Honorable Jack B. Robinson—Superior Court Judge.” They stepped inside. A woman sat behind a desk typing on a computer keyboard. She looked up as they entered.
“Go on in,” she said. “Judge Robinson is out for the rest of the day.”
Beyond her desk was an open door. Jimmy followed the judge into the office and immediately connected the room with Mr. Robinson. On one wall were pictures of Sunday school classes taught by the judge. In every photo, a group of young people stood in front of a mountain cabin. Jimmy could identify the faces of high school students who had been part of the class in the past.
“Sit down, Jimmy,” the judge said, motioning to a chair in front of a large wooden desk.
The judge didn’t sit behind the desk but beside Jimmy. Up close the judge didn’t look much older than Mr. Arnold, the eighth-grade science teacher.
“May I ask you some questions?” the judge asked.
“Yes, sir.”
“Will you tell me the truth?”
“Yes, sir. The truth, the whole truth, and nothing but the truth.”
“Good.”
“What is this hearing about?”
“She wants me to visit her in Atlanta.”
“Who?”
“Mrs. Horton, my birth mama. I’m not sure what to call her.”
“Let’s call her your birth mama.”
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