by Alex Marcoux
“The Sidney I once knew used to thrive on conflict.”
*
Scott and Sidney arrived at the event around ten o’clock that evening. The party was packed, and Sidney seemed to relax as her peers and associates greeted her. She quickly displayed her power and control as she worked the crowd. The anxiety she had been feeling vanished and was replaced with confidence and radiance.
An hour had quickly passed at the party. Sidney and Scott were working their way through the crowd when they saw Brett, who held Anastasia close to his hip. Sidney was the first to offer her hand to Brett. “Congratulations on your engagement, Brett.” She smiled warmly as she turned to Anastasia. “Congratulations, Anastasia.”
Brett said coolly, “Sidney.”
“Brett, I don’t think you’ve had the opportunity to meet Scott Davis. Scott, this is Brett Pillar.” Sidney turned to Anastasia, and briefly admired her. God. She looks good. Her heart warmed with the thought. “Anastasia, you remember Scott?”
Anastasia offered Scott a handshake. “It’s nice to see you again, Scott.”
“If you’ll excuse us, we were just on our way out,” Brett was quick to say.
“Good night,” Sidney said.
Sidney turned to continue their trek through the crowd, but stopped abruptly when she heard Brett curse. “Shit, you idiot. Couldn’t you have been a little more careful?”
The front of Brett’s tuxedo was wet, and Scott was apologizing profusely. “I am terribly sorry, Brett,” he said. “Quick, come with me. We need to get that out before it sets.”
As they moved through the crowd, Scott stopped at a bar and asked for a bottle of club soda.
“Come in here, Brett.” Scott suggested that he follow him into the rest room.
Brett hesitated and looked back at Anastasia.
Scott found it amusing that Brett seemed intimidated by him.
Mustering every bit of his feminine side, he raised one wrist and let it fall limp. In his best queen impersonation he said, “I promise I’m not going to bite.”
The two men disappeared.
Sidney laughed at Scott’s humor, then sat in a soft chair away from the rest room. Anastasia also smiled at Scott’s comment, but quietly paced outside the rest room waiting for her fiancé to return.
“Why don’t you relax, and take a seat?” Sidney pointed at a chair next to her own. “I don’t bite, either.”
Anastasia sat silently, then she asked, “Do you want to tell me why you’ve had me subpoenaed?”
Sidney shook her head. “I haven’t subpoenaed you. Michael has.”
“He has? What’s this all about?”
“Michael wants full custody of JP.”
“What do I have to offer him?”
“The way the disclosure was written, you were a witness to the boating accident last year, and you have information that supports that I’m an unfit mother.”
“That’s ridiculous.”
“I’m sorry you got dragged into this.”
“I can’t imagine that anything I would say would be damaging for you, Sid.” She paused. “How’s JP?”
“He’s doing okay. He’s growing like a weed.”
“Tell him I said hi.”
“You should tell him yourself,” Sidney started coldly, then softened. “He misses you. Just because we don’t exactly run in the same circles … we shouldn’t punish him.”
“You’re right. I’ll call him.”
Sidney hesitated. “I miss our friendship, too.”
Anastasia hesitated. “Do you think we could get together to talk sometime?”
“Call us after your wedding.”
Before Anastasia could respond, Brett opened the rest room door and looked for her. “I’ll call you,” Anastasia said, then she returned to Brett’s side.
Sidney remained seated and Scott joined her.
“You did that on purpose, didn’t you?”
“Hell yes. And I’d do it again, to get another look at those pecs.”
Sidney laughed, but knew that was not why he had spilled his drink.
Chapter 28
Sidney anxiously awaited Justin’s return from his weekend visit with his father. It was the evening before the hearing. She had rehearsed what she planned to say to him over and over in her mind, but she was still nervous. This was the evening she planned to tell Justin about her relationship with Charlotte.
The phone rang and Sidney answered it. “Hello.”
“Sidney, this is Michael.”
“Michael? Is JP okay?”
“He’s fine. I’m keeping him tonight, and I’ll bring him to court in the morning.”
“You’re what?”
“I’m keeping Justin overnight. I’ll bring him to court in the morning,” Michael repeated.
“You will not. JP doesn’t need to be in court. Why put him through it?”
“He’s almost thirteen; he’s old enough to learn the truth about his mother. It’s settled, you’ll see him in the morning.”
“It’s not-” Then Sidney heard dial tone in her ear. Oh my God. She had never even considered having Justin attend the hearing. Shit. He can’t learn that I’m gay in court.
Sidney called Jennifer and explained Michael’s phone call. Jennifer was surprised that Michael was so bold as to pull a stunt the evening before the hearing, but could not ease Sidney’s concern. “Sidney, I’ll request that JP be removed from the courtroom, if that’s what you want. But I can’t make any promises about how the judge will rule. The judge will want to talk with him in private at some point during the hearing.”
“He doesn’t need to sit through a custody hearing,” Sidney said.
“I’ll try, Sidney. Please relax, everything is going to work out.”
“Jennifer, I haven’t told him about Charlie and me.”
“I thought you were going to.”
“I was planning on telling him tonight.”
The following morning, Justin arrived at the courthouse dressed in a new suit and tie. He looks so much older than his years, Sidney thought when she first saw him.
“Hi Mom,” he said. “Hi Aunt Jennifer, how are you?”
“I’m great JP, how are you today?”
“Good,” he replied and asked, “Mom, how do I look?” as he modeled the new suit.
“You look very handsome. Can we talk, JP?” Sidney asked. She directed him away from others in the hallway, including Michael. “JP, I don’t agree with your father. I don’t think you should sit in on the hearing. Jennifer is going to ask to have you removed from the courtroom. I didn’t want you to be surprised … or hurt.”
“Dad asked me to come to court,” Justin said.
“I know that-“
“Sidney, we need to go,” Jennifer interrupted.
“Do you want to come in with us?” Sidney asked Justin.
“I’m gonna hang out here for a while. I’ll be in, in a few minutes.”
Sidney hugged Justin and noticed Michael waiting for him. “No matter what happens in there, please remember that I love you.”
“I love you too, Mom,” he whispered back. Then he backed away and returned to his father’s side.
Sidney and Jennifer sat at a table in the front of the courtroom. Michael and his attorney, Kyle Clancy, sat at a table next to their own. At one point Sidney looked behind her and was surprised by the number of people in the courtroom. Then she noticed that Justin was sitting behind his father and not her.
Sidney turned to Jennifer and whispered, “What are all these people doing here?”
Jennifer looked back. “It’s an open hearing, anyone can attend. It is unusual though, that this many people would sit in on a custody hearing.”
“All rise.” The court clerk announced the entrance of Judge Hastings. Everyone stood as the judge entered and sat at his high bench.
The judge put on his glasses and appeared to be referring to the docket. “In the matter of Whitman versus Marcum, we’re here
to determine the custodial arrangement for the minor child. Any pending motions or matters before we begin, Mr. Clancy?”
Clancy stood. “Your honor, we are requesting that the witnesses be sequestered.”
The judge turned to Jennifer. “Any objections?”
“No, your honor.”
“Granted. Counsel, please review the gallery and have all potential witnesses removed to the witness room down the hall.”
Clancy’s paralegal directed a couple of people out of the courtroom.
“Any other matters, Mr. Clancy?” the judge asked.
“No, your honor.”
“Mrs. Warren, any matters before we begin?”
“Yes, your honor,” Jennifer stood. “At this time we ask that the court remove Justin, the minor child in this case, from the courtroom. We feel it’s in the child’s best interest not to be subjected to a confrontation between his parents.”
“Any objections, Mr. Clancy?”
Clancy stood. “Yes, your honor. We feel Justin is a mature young man and has expressed interest in being here. We feel he has every right to hear the events that will influence this court’s decision about his future.”
“Will the child…Justin Marcum-Whitman, stand?” Judge Hastings asked.
Justin stood, noticeably behind his father.
“Do you understand what this hearing is all about?”
“I understand that you will decide who I should live with,” Justin replied.
“Do you want to sit through a long boring hearing?” The judge smiled.
“I do, your honor.”
“I assume this child will not be a witness,” the judge said.
“That’s correct, your honor,” chorused the attorneys.
“Counselor, any other reasons why I should remove this child from the hearing?” the judge asked Jennifer.
“No, your honor.”
“Motion denied. The boy is free to stay.” The judge took out his calendar. “I want time to talk with Justin. Tomorrow afternoon at three o’clock.”
Sidney’s heart sank.
The judge started looking at documents on his desk. “I’ve reviewed the pleadings in this case, and I believe we can dispense with opening statements and proceed with the petitioner’s witnesses. Do you both agree?”
“Yes, your honor,” Clancy said.
“Yes, your honor,” Jennifer agreed.
“Petitioner calls Dr. Richard Demille to the stand,” Clancy said.
“Your honor,” Jennifer stood. “The Petitioner’s disclosure certificate indicates that witnesses Demille and Redington will establish that my client, Ms. Marcum, has had a lesbian relationship with the deceased Dr. Charlotte Gray.”
Sidney looked over at Justin, who seemed to ignore her.
Jennifer continued. “In an effort to save the court’s time and expense, we will stipulate to the fact that my client had an intimate relationship with Dr. Gray for five years. Therefore, we believe there is no reason to call these witnesses.”
Justin just stared at the back of his father. He never acknowledged Sidney’s desperate need for eye contact with her son.
“Mr. Clancy?” the judge asked.
“We accept that stipulation, however these witnesses will also establish that Dr. Gray lived with Ms. Marcum and Justin, at her Brielle, New Jersey home.”
“So stipulated, your honor,” Jennifer said.
“Clancy?” the judge asked.
“We accept the stipulation assuming that counselor’s definition of intimate means lesbian, your honor.”
“Mrs. Warren?”
“So stipulated,” Jennifer said.
“We accept the stipulation,” Clancy cockily smiled at Michael. He moved a couple pages forward in his notebook. “The petitioner calls Miss Lynette Floras to the stand.”
Moments later, Lynette walked through the doors in back of the courtroom and was escorted to the stand where she was sworn in.
“Please state and spell your full name and address for the record.”
“Lynette Floras. L-Y-N-E-T-T-E, F-L-O-R-A-S. I live at 567 Beach Way Drive in Point Pleasant Beach, New Jersey.”
“Miss Floras, are you familiar with the respondent, Ms. Mar-cum?” Clancy asked.
“Yes.”
“How do you know her?”
“I worked for her as a nanny and housekeeper,” Lynette answered.
“For how long?”
“From when JP…Justin was about six months to about three months ago.”
“About twelve years?”
“Yeah.”
“While you worked for Ms. Marcum, did you live at the house?”
“Never permanently. But when Ms. Marcum would travel, I would stay at the house.”
“Did that happen often?”
“Oh, all the time. Ms. Marcum was a very busy lady with her business. Someone had to stay with Justin.”
“So Ms. Marcum ranked her business over her son?”
“Objection your honor, leading and argumentative,” Jennifer objected.
“I’ll withdraw the question.” Clancy continued, “Miss Floras, did Ms. Marcum ever talk with you about the amount of time she spent with Justin?”
“Oh yeah. She used to say there weren’t enough hours in the day to give him the attention he deserved.”
“Did Ms. Marcum ever choose going to work when she should have been caring for her son?”
“Objection,” Jennifer interrupted. “Speculation, calls for a conclusion beyond this witness’s scope.”
“Overruled,” Judge Hastings said. “The witness may answer the question.”
“On more than one occasion. Once, she chose to go to a party and was out most of the night. Another time, she left in the middle of the night to meet Anastasia somewhere in Connecticut.”
“When you say Anastasia, you mean the singer, correct?”
“Yeah.”
“When Ms. Marcum left for Connecticut in the middle of the night, you were with him, right? I mean she didn’t just leave him unattended. Did she?”
“When she drove off to Connecticut, I couldn’t get to her place for a couple of hours. So she had a complete stranger come in to sit with JP.”
“Over the course of the twelve years with Ms. Marcum, did anyone else ever live at that house?”
“Yeah, Charlotte Gray. For about the first five years I worked there.”
“This was her lover?”
“Objection,” Jennifer said. “Lack of foundation.”
“Sustained,” the judge said.
“Miss Floras, do you know what kind of relationship Dr. Gray and Ms. Marcum had?” Clancy asked.
“I don’t know what kind of relationship they had. I know they were very close. Sidney inherited all of her assets when Charlie died.”
“Charlie…you mean Charlotte?” Clancy asked.
“Yes, I’m sorry, Charlotte.”
“And she died. When?”
“Oh, about seven years ago.”
“During the twelve years you worked there, did you ever see or hear her talk about gentlemen callers?”
“Never,” Lynette answered.
“Other than Dr. Gray, did Ms. Marcum have frequent women visitors at her home?”
“Oh yeah, all the time…mostly Natalie Springer and Anastasia.”
“I understand you were present when Ms. Marcum brought her son home from the hospital, after he had the accident on the boat last year.”
“Yes, I was.”
“Did you ever discuss the accident with her?”
“Yes.”
“Would you tell the court what you remember about that conversation?”
“Oh, Ms. Marcum blamed herself for the accident. She said she wasn’t paying close enough attention to him, and she did not have her eye on him.”
“Do you know where the accident took place?”
“Apparently he was cleaning the boat at the dock. He fell, hit his head then fell in the water. Thank God Anastasia w
as there. I understand she was the one who rescued him.”
“So Ms. Marcum told you she wasn’t watching him while he played on the boat?”
“That’s correct.”
Sidney’s heart broke as she listened to Lynette testify.
“I have nothing further, your honor,” Clancy said.
“Counsel, you may proceed,” Hastings said.
Jennifer stood to cross-examine her. “So it’s your testimony that in twelve years, Ms. Marcum left her son twice?”
“Yes.”
“And both times JP was left with adult supervision?”
“Yes.”
“But you think that’s unreasonable, Miss Floras?”
“I think she had her priorities wrong.”
“The evening you spoke with Ms. Marcum about JP’s accident, you testified that ‘Ms. Marcum blamed herself…she wasn’t paying close enough attention to him.’ “
“Yes.”
“Is it possible that Ms. Marcum was just being hard on herself? Let’s face it, accidents happen.”
“Objection, speculation,” Clancy said.
“Overruled,” Hastings said.
“No,” Lynette finally answered.
“Miss Floras, did you ever see Ms. Marcum hit Justin?”
“No.”
“Did you ever see Ms. Marcum spank Justin?”
“No.”
“Did you ever see her abuse him?”
“No.”
“Did Justin ever go hungry?”
“No, but it was my responsibility to feed Justin.”
“No further questions, your honor.”
“Redirect, Mr. Clancy?” Hastings asked.
“No, your honor.”
The witness was excused and Clancy called his next witness. “We call Ms. Anastasia to the stand.”
Sidney’s heart skipped a beat when she heard the name.
Anastasia was escorted into the courtroom and directed toward the stand. Sidney and Anastasia could not help from making eye contact as she was sworn in.
Clancy started, “Please state and spell your full name for the record.”
“Anastasia, A-N-A-S-T-A-S-I-A.”
“Anastasia what?”
“Anastasia is my legal name as well as stage name.”
Sidney heard paper rustling behind her. When she turned, she saw people jotting down notes. The press. Sidney wrote a note to Jennifer. “The press is in the back. This was leaked.”