Facades

by Alex Marcoux

  Natalie was right, Sidney thought. She was in love with me.

  “The boating accident. Could you please tell the court what happened?”

  “It was an accident. JP was cleaning the boat, and when the weather started to come in, Sidney told him to finish what he was doing. The next minute he was in the water. Sidney was upset with herself because she almost lost her son. She wasn’t careless. It was just an accident.”

  “Thank you. No further questions, your honor.”

  “Mr. Clancy, anything else?”

  “Just one more question, your honor.” The man stood. “Ms. Anastasia, you said under oath that you had fallen in love with the respondent, Ms. Marcum. Correct?”

  “That’s right.”

  “Would you lie to this court if you knew it would be helpful to Ms. Marcum, to maintain custody of Justin?”

  “No. I would not.”

  After Anastasia’s testimony, court recessed for lunch. Anastasia left the courtroom with the press chasing after her. Sidney was heartbroken when Justin asked her if he could go to lunch with his father. Sidney and Jennifer hid in a conference room over lunch to assess the damage.

  By the end of the afternoon session, Michael’s character and expert witnesses had portrayed the man as a saint. Friends and associates had testified that he was a selfless, loving father, who only wanted what was best for his oldest son. His contributions to charities were emphasized, including his generosity to New York Hospital’s Emergency Room.

  Michael’s wife, Beverly, and their son, Michael Jr., showed up for the afternoon testimony. The mother and child sat on either side of Justin, sandwiching the boy.

  Two experts testified for Michael. The first was a caseworker who was hired to assess Michael’s home life and visited with Justin. She concluded that Michael’s home was loving and certainly more traditional than his mother’s. She emphasized the importance of a male figure in Justin’s life and discussed problems associated with a home life lacking a male role model. The expert also claimed that Justin wanted to spend more quality time with his half-bother.

  Michael’s last witness was Dr. Lewis. The accomplished psychiatrist’s curriculum vitae was six pages long, boasting impressive achievements in the field. Among the issues that Dr. Lewis effectively expressed to the court were: lesbian parents raise gay children; lesbians make love in front of their children; homosexuals are child molesters; children of lesbians suffer from an absence of male role models; homosexuals are promiscuous and have unstable relationships.

  Although his comments to the court were not supported by intensive research, some archaic documents were submitted to support parts of his assertions. What made him so effective was his presence. The man was articulate, attractive and spoke with passion.

  *

  Sidney was cautious as she approached her son outside the courtroom after court adjourned. Justin was hanging out with his father, Beverly, Michael Jr., and Kyle Clancy, relishing their afternoon victory. “Hi JP, can we talk?”

  “Sure, Mom.”

  Sidney led him away from his father, down the wide hallway, and sat on a bench. “I didn’t want you to find out about Charlie and me this way. I was planning on telling you last night, but you didn’t come home.”

  “It’s okay, Mom.”

  “No. It’s not okay. I’m terribly sorry if I’ve hurt you. I’ve wanted to tell you for a long time. But I … I didn’t want to jeopardize keeping you. Do you forgive me?”

  “Yeah, Mom. It’s okay.” Justin paused. “Mom?”

  “Yes?”

  “Do you think it’d be okay if I stay in the city tonight with Dad? That way I won’t have to get up so early tomorrow morning, to get to court.”

  Sidney’s heart ached as she heard her son’s words. Am I losing him? Have I already lost you, JP? “I’m planning on staying in the city tonight at your Aunt Jennifer’s. I brought you a change of clothes. Would you like to stay with me?”

  “I have my own room at Dad’s place.”

  “Of course,” she said and stood. “You’ll come home with me tomorrow night. Okay?”

  “Sure, Mom.”

  Sidney hugged her son. “I do love you, JP.” More than you know.

  “Love you too, Mom,” he said. Then he quickly detached himself from her. The two walked back toward the small group that waited for Justin. He rejoined them, and Sidney ducked into a nearby bathroom.

  She approached the mirror in the bathroom. Gently she wiped her eyes with a tissue to erase signs of her torment.

  “Are you okay?” Jennifer asked as she came out from a stall.

  Sidney hesitated. “I think I’m losing him.”

  “This case is far from over, Sidney.”

  “He doesn’t want to be with me. Even if I win and continue custody, he doesn’t want to be with me.”

  “He’s had a difficult day, Sid. Things will be better tomorrow. Let’s get out of here. We’ve got work to do.”

  Chapter 29

  Sidney and Jennifer worked into the early hours of the morning. Jennifer knew she had to change her approach to the case.

  “I think I should put you on first,” Jennifer said.

  “Why?”

  “You need to tell this judge you haven’t been with anyone since Charlie. Our whole defense has hinged on this. That point is essential for your expert’s testimony to be effective. If there’s any doubt in this judge’s mind about you and Anastasia, I want it stopped first thing tomorrow.”

  “You don’t think her testimony cleared it up?”

  “People have perjured themselves for a lot less than being in love with a person. Those photographs were very damaging to us.” Jennifer was rearranging witnesses on her pad. “You need to drive that message home with the judge, then we’ll put our character witnesses and our expert up there.”

  “How bad is it, Jennifer?”

  She sighed. “We’ve got an uphill battle, and it’s not going to be easy. But I’m not going to give in, and I have a couple tricks in my bag, too.”

  When Sidney and Jennifer arrived in court the following morning, Sidney was not surprised to see Justin sitting behind Michael again. She kissed him. “Good morning, sweetheart.”

  “Good morning, Mom.”

  Natalie greeted Sidney with a hug. “How you doing? You look like hell.”

  “Thanks. It’s been a long night.”

  “What happened in here yesterday?” Natalie asked. “The press is having a field day with Anastasia.”

  “Oh, God. I completely forgot. I’ve been so wrapped up in this, it slipped my mind that she came out yesterday.”

  Jennifer interrupted them. “Natalie, the witnesses are being sequestered; you’re going to have to wait in the witness room. I’m going to call you after Sidney. We’re going to be starting in a couple of minutes, Sidney, and I need to go over some questions.”

  Natalie reached for Sidney’s hand and squeezed it. “Good luck.”

  “Thanks.”

  “Your honor,” Jennifer stood. “Before we begin, I would like to ask the court to consider closing the proceedings to the press. We feel it’s in the best interest of Justin that the proceedings are closed to the media.”

  “Agreed,” Judge Hastings said. “Any member of the press is asked to leave.”

  It’s too bad this didn’t happen yesterday, Sidney thought as she watched the reporters clear the courtroom.

  “Your honor, we call Sidney Marcum to the stand,” Jennifer said.

  Sidney went to the witness chair where she was sworn in. Before she sat, she became aware that someone had entered the courtroom. She was surprised when she saw Anastasia sit next to Justin.

  “Please state and spell your full name for the record,” Jennifer directed.

  “Sidney A. Marcum, S-I-D-N-E-Y, M-A-R-C-U-M.”

  “How long ago did you and Mr. Whitman divorce?”

  “About thirteen years ago.”

  “After you divorced Mr. Whitman, when was yo
ur next intimate relationship?”

  “About a year after the divorce.”

  “Who was it with?”

  “Charlotte Gray.”

  “And how long did this relationship last?”

  “About five years.”

  “How would you characterize this relationship?”

  “It was wonderful. It was loving, caring-“

  “Was it stable?”

  “Absolutely.”

  “Why did it end?”

  “Charlie was killed in an automobile accident.”

  “When you say Charlie, do you mean Charlotte?”

  “That’s correct; Charlie was her nickname.”

  Anastasia sat in the courtroom listening to Sidney’s story unfold. It was only then that she realized Charlie was a woman.

  “So you had a stable, same-sex relationship for five years. And it ended tragically. Then what? Who did you have your next intimate relationship with?”

  “I haven’t had a relationship.”

  “You have not had an intimate relationship in seven years?”

  “That’s correct.”

  “Were you and Anastasia lovers?”

  “No.”

  “Do you characterize yourself as gay?”

  “I do.”

  “If your last relationship was seven years ago, why do you still characterize yourself as gay?”

  “It’s who I am.”

  “But you haven’t had an intimate relationship in seven years. Couldn’t you just as easily call yourself heterosexual and celibate?”

  “I wouldn’t be honest with myself if I thought of myself as heterosexual. Being gay isn’t just about having sex.”

  “But you haven’t had sexual relations with anyone, man or woman, since your deceased partner?”

  “That’s correct.”

  “Okay. Celibacy is tough to comprehend, especially because you’re an attractive woman. Can you tell the court why you haven’t had any relationships since Dr. Gray?”

  “A couple days after Charlie died, I had a memorial gathering at my house. Michael showed up toward the end of the gathering. He said he had heard that Charlie died and was disappointed because he was close to being able to prove that I was gay.” Sidney diverted her eyes to Anastasia, momentarily. “Michael warned me that when I got into another relationship, he would catch me, and prove that I was gay. He threatened to take JP away from me, because he would never allow his son to be raised by a lesbian.”

  “So you took this threat seriously?” . “Absolutely. I had just lost a once-in-a-lifetime partner. I wasn’t about to lose my son, and I vowed to myself that I wouldn’t take any chances.”

  “So you haven’t had any intimate relationships since Dr. Gray.”

  “That’s correct.”

  “Over the course of the seven years, have you ever met anyone that you may have wanted to get to know better, but didn’t because of Michael’s threat?”

  Sidney was surprised at the question, and could not help from looking at Anastasia. “Yes.”

  Oh my God, Anastasia thought. That’s why I was getting mixed signals.

  “So you sacrificed your personal life for your son?”

  “Yes.”

  “Your honor, I have no further questions at this time,” Jennifer said.

  Clancy stood. “May I approach the witness, your honor?”

  The judge nodded.

  “You expect this court to believe you haven’t had sex in seven years?” Clancy smiled.

  “That would be correct.”

  “What do you think we are, fools?”

  “Objection,” Jennifer said.

  “Sustained.”

  “You expect this court to believe that you haven’t had sex in seven years?”

  “That’s the truth … so yes, I expect you to believe that.”

  “Tell me Ms. Marcum, are you a lesbian?” Clancy asked.

  God, I hate that word. “Yes. I am a lesbian.”

  “Do you consider yourself an honest person, Ms. Marcum?”

  “I do.”

  “Do you consider yourself an ethical and a moral person?”

  “I do.”

  “Isn’t it true that when you demanded a divorce from Mr. Whitman, you concealed the fact that you were carrying his child?”

  Sidney’s heart beat faster. “Yes.”

  “Yes? Do you admit that you misled Mr. Whitman?”

  “Yes.”

  “Do you admit that you were dishonest?”

  “I did what I-“

  “Do you admit that you were dishonest?” He repeated the question.

  “Yes.”

  “Isn’t it true that you would do just about anything, including perjury, to keep your son in your custody?”

  “No.”

  “Isn’t it true that you and Anastasia have been lovers and the two of you will do anything, including perjury, to keep your son?”

  “No.”

  “No? No further questions.”

  “Mrs. Warren, do you have any other questions?” Judge Hastings asked.

  “Yes, your honor,” Jennifer stood. “Was your relationship with Michael Whitman loving?”

  “Objection,” Clancy argued, “beyond the scope.”

  “Your honor, Mr. Clancy opened the door to this line of questioning.”

  “Agreed. You can proceed, Mrs. Warren.”

  “Sidney, was your relationship with Michael Whitman loving?” Jennifer repeated the question.

  “I believe, initially, it was.”

  “And then what happened?”

  “I think both of us became involved with our careers…and we grew apart.”

  “Was your relationship abusive?”

  “Yes.”

  “Emotionally abusive?”

  “Yes.”

  “Physically abusive?”

  “Objection, your honor. Beyond the scope; additionally, counsel is leading the witness,” Clancy objected.

  “Overruled, I’ll allow it,” Judge Hastings said.

  “Sidney, was your relationship with Michael Whitman physically abusive?”

  Sidney appeared to move uncomfortably in her seat. “Yes.”

  “Did you ever require medical attention from injuries you suffered from Michael?”

  “Yes.”

  “Could you give me an example of medical treatments that were required?”

  “I received treatments for broken bones and lacerations.”

  “Did you ever require plastic surgery?”

  Sidney was surprised that Jennifer knew about the surgery. “Yes.”

  “What was repaired?”

  Instinctively, Sidney’s hand moved to her face. “My face, near my eye.”

  “You have a scar under your right eye. Is the scar from that injury?”

  “Yes.”

  No wonder she blew up at Stephanie the day at the beach, Anastasia thought. Why didn’t she tell me?

  “Sidney, how did you meet your former partner, Dr. Gray?”

  “She was the attending physician in the emergency room of New York Hospital. One evening I was taken there for injuries I received from a fight with Michael.”

  “So she treated the injuries you received from Michael?”

  “Yes.”

  “Can you tell the court what injuries you were treated for at that time?”

  Sidney again squirmed in her seat. She had never discussed Michael’s violent nature with Justin and did not want him to hear it this way. “I believe I had a couple of broken ribs, concussion and a laceration to my face.”

  “Was that the extent of your injuries?”

  “I think so, but it was such a long time ago.”

  “Sidney, I actually have the emergency room report regarding your injuries that evening. Would reviewing the report refresh your memory?”

  Sidney stared back at Jennifer. “That’s not necessary.”

  “Then what other injuries did you sustain from that confrontation with Micha
el?”

  Sidney remained silent, and glanced over at Justin. “I don’t know.”

  “Your honor, permission to approach the witness?”

  “Granted.”

  Jennifer placed the document in front of Sidney, then repeated the question. “Sidney, what other injuries did you suffer because of Michael’s abuse that night?”

  Sidney remained unresponsive.

  “Read the comments at the bottom of the ER report to refresh your memory.” Jennifer pointed to the words.

  “No,” Sidney finally said. Then she moved away from the microphone and whispered, “Jennifer, leave it alone.”

  “I can’t.” Jennifer continued, “Please read the comments.”

  “Objection, your honor,” Clancy interrupted. “Relevance.”

  “Your honor, Mr. Clancy is attempting to show that my client is an unfit mother, on the sole premise that Ms. Marcum was engaged in a stable, loving, same-sex relationship over seven years ago. Secondly, Mr. Clancy has attacked her credibility, alleging she is dishonest, because my client concealed the fact that she was pregnant when she divorced Mr. Whitman. Ms. Marcum is not a dishonest person. I am trying to show this court why Ms. Marcum did not make the facts known. And lastly, your honor, if this court considers reversing custody, then this court is obligated to evaluate what type of man Mr. Whitman really is, and what type of person would be responsible for Justin’s full-time nurturing.”

  “Your honor, this is highly improper-“

  The judge interrupted. “Overruled.” He turned to Sidney. “Ms. Marcum you’re instructed to read the comments on the report and answer the question.”

  Sidney looked at Justin in the rear of the courtroom. He appeared to be listening intently. Anastasia had placed her arm around his shoulders. Sidney’s eyes blurred as she studied the report. She closed her eyes, shedding the tears. “Rape victim.”

  Clancy turned to Michael and the two were in discussion.

  Jennifer handed Sidney a tissue. “Sidney, what started the fight between Michael and you the evening you were taken to New York Hospital?”

  Sidney wiped the tears from her face, paused to pull herself together, then spoke slowly. “For years I feared Michael’s temper. I was scared to death to become pregnant; I feared for a child’s safety. So I practiced birth control without Michael’s knowledge. That evening, he found my diaphragm and became enraged.”