Rabbi Gabrielle's Defiance

by Roger Herst

  Once in her Volvo with the heater turned high, she called Chuck Browner by cell-phone at his apartment. "Sorry to disturb you," she was abrupt. "I've just been at Politicstoday at the New Carrolton station. Somebody's sabotaged their operation. Kye's people there are working in the cold and dark. What's the best delivery pizza we can get at this hour, Chuck?"

  "I don't know, but I can call around. What do you want?"

  "Assorted pizzas for seventy-five hungry and cold people. No. Make that ninety. Delivered hot and as soon as possible to 8120 Corporate Dr., Lanham, Maryland. Tell the deliveryman that the building is dark and cold. It's the building in the rear, not the one up front with the Politicstoday logo. The main door is open. Warn the driver it's on the dark side there, too, but he'll find people on the first floor."

  'Ninety?" Chuck sounded incredulous. "That's some pizza party."

  "Charge it to my Visa number. Or if they won't take it, to my account at the synagogue and I'll repay it tomorrow. If they won't take either, use your own Visa and I'll give you a check first thing in the morning. I'll call you as soon as I get home."

  "That's what I love about you, Rabbi Gabby. My girl's always trying to save the world. Feed the hungry. Shelter the homeless. Heal the wounded."

  "Hey, Chuckyboy," she interrupted. "Don't get carried away with your metaphor. This isn't manna from heaven, you know. Just common, everyday pizza, okay?

  ***

  That evening in bed, Gabby's mind kept returning to Kye's kisses in the cold at South Pole and yearned for more of them. She could no longer hide from herself a fondness for him. Everything she knew about successful romances between couples with such different backgrounds told her to control her emotions. That he was a practicing Baptist was reason enough, to say nothing about being Korean. And this was more than her hormones talking. Her career, for a starter. An affair with a Gentile Asian was certain to upset the delicate relationship she enjoyed at Ohav Shalom. There wasn't a single encouraging factor in this relationship. Still she could not ignore her fascination with Kye, who lived on the cusp of convention. Nor the stirring in her body that felt wonderful when near him. Sleep arrived fitfully that evening and only came when she agreed that sometimes one is compelled to be foolish, to reject conventional wisdom and listen to new music.

  ***

  As expected, counsel for the prosecution, Marc Sutterfeld, barred Gabby from Asa's deposition on the grounds that she would later be deposed herself. That didn't prevent her escorting Asa from his study to the synagogue boardroom, but when she went to collect him, he wasn't there, so she waited outside the boardroom to encourage him where the deposition was scheduled to convene.

  Ohav Shalom's boardroom was originally designed to inspire a sense of solemnity and purpose and, in this respect, provided a perfect venue for a legal deposition. Already in place sat a handsome looking silver-haired woman in a dull gray pantsuit, adjusting a stenographic machine with a compact keyboard and an oversized roll of paper. A video technician tucked into a corner of the room was making final preparations to his equipment.

  Shirley Delinsky, whom Stan Melkin had assigned responsibility for monitoring this deposition, sat at the mahogany table with a cell phone to her ear and fumbling through a folder. Anthony Horace Corcoran, counsel representing Dominion Mutual Insurance, was scribbling notes on an 8x14 inch legal pad. Four minutes later, two Morrison and Grand lawyers breezed through the door with effusive excuses for being tardy. Both had cultivated the demeanor of extremely busy, Type A personalities.

  Asa arrived still later, looking bewildered. After receiving a quick word of encouragement from Gabby outside he dashed in. A large swath of whiskers had escaped his morning razor and his necktie was poorly knotted. Darting eyes looked around the table for friendly faces. Before he could sit, Shirley Delinsky rose to escort him outside again for last minute instructions. Gabby had already retreated to wait in her study.

  "Please remember, Rabbi Folkman," Shirley said in a modulated professional tone, "what Mr. Corcoran and I emphasized to you by phone. The person being deposed can't win anything, but he has much to lose. Bad answers now will be cited later in the courtroom. I'm not worried because you need only tell exactly what happened with the Morgenstern girls. But please answer only the questions. The ground rules of this proceeding don't require you to do any more than respond to the immediate questions. Above all, don't volunteer information not specifically demanded. That's what usually does a witness in, so don't be a star by making good argumentative points. If you do, you'll only help the Morgenstern attorneys prepare for the trial. Save your ammunition for the court where your testimony can do some good. And don't let Mr. Sutterfeld intimidate you into saying something you don't mean. He has a reputation for being a bully. I'll do what I can to prevent bad behavior, but my powers in a deposition are limited. And beware the quick follow-up question that comes immediately on the heels of another question. Go slow. Take your time. Don't be afraid to say you don't know the answer or say that you don't remember. Nobody expects a human being to know or remember everything."

  Asa sniffled nervously.

  "And one last thought," she said. "What the stenographer records on her machine is your testimony for later use in court. That should drive home a simple point. While Marc Sutterfeld or his associate will be asking the questions, the stenographer will be taking down your responses. Think of it as a triangle. Sutterfeld asks you, and you answer to the stenographer. You're not required to look at Mr. Sutterfeld. You're free to talk directly to the stenographer. Sutterfeld won't like that, but hey, that's his problem, now isn't it?"

  When they re-entered the boardroom, Corcoran, who knew Asa from two previous rehearsals, positioned himself protectively at his left, while Shirley Delinsky guarded his right flank. Sutterfeld's associate, a prematurely balding young man not many years out of law school in an expensive dark silk suit and mauve silk necktie, sat beside his senior. Sutterfeld, a gaunt, intense man without an ounce of extra fat and the concaved cheeks of a dedicated jogger, withdrew a bundle of documents from a black leather case. He abstained from conversation while shuffling through notes. A nervous check of his wristwatch indicated he was a busy man with no time to waste. The stenographer, in her role as an officer of the court, asked Asa to stand and take an oath, then Sutterfeld opened with a series of quick introductory questions.

  "Rabbi Folkman, do you have an employment contract with Ohav Shalom?" he inquired in a clipped interrogator's voice.

  "Yes, I think so."

  "Please tell us what you mean when you say you think so."

  "When I was appointed I got a letter from the congregation. Is that a contract?"

  "Let me ask the questions, if you please, Rabbi," Sutterfeld snapped, raising his voice to establish authority. "We'll have to examine that letter. At the end of the session we'll give you a list of documents we will need in addition to those already supplied by the congregation. This letter will be one of them. Are there any other employment agreements, either written or oral?"

  He thought about that and shook his head negatively.

  "Rabbi, you must answer verbally since everything goes down on the record," Sutterfeld said, pasting a plastic smile on his face and glancing around the room to let everybody know he was in charge. "For the record, Rabbi Folkman, answer the question verbally."

  "No."

  "Thank you. Now tell us specifically if there are any other documents regarding your duties at Congregation Ohav Shalom."

  "None that I'm aware of."

  "Please tell us what you do as Associate Rabbi in this synagogue."

  "How about conducting religious ceremonies? Supervising the religious school? Teaching students and adults? Officiating at life-cycle events, such as circumcisions, weddings, funerals, Bar and Bat Mitzvah ceremonies? Visiting the sick? Representing the Jewish community at ecumenical events? Writing sermons and studying Torah? Oh, yes, I must also help plan social and education programs. And I fill in for Rabbi Lewy
n when she's busy. I also interview new members. Counsel the depressed and sick. That sort of thing."

  "It sounds as if you're not certain and are asking me what your duties should be. Please answer in declarative sentences. If I can assume you were outlining the scope of your duties, that's a lot. I never sat down to think about how many things a rabbi might do, but that's quite an impressive list. It must be exhausting, right?"

  Asa had been warned about trick questions and this one sounded suspicious. "Sometimes. Yes, but you get used to the pressure. There's never enough time to get all your work done."

  "Would you describe this as intense pressure?"

  "Yes. But not all the time."

  "Airline pilots and physicians argue that under daily stress, they're inclined to make mistakes that affect their passengers and patients. Would you say that the same goes for you?"

  Asa attempted to navigate through the question without making an error. "It's stressful, but not the type of stress that affects my ability to function on the job."

  "Please tell me why this type of stress does not cause you to make mistakes, when it would in other professionals."

  Asa looked to Shirley, whose lips remained sealed but whose eyes were ice. He expected her to interrupt but she didn't. Horace Corcoran proved no more helpful. "I don't know. I never gave it any thought until you asked. But I'm sure my performance doesn't suffer under pressure and it might even improve."

  "Now that's hard to believe even for one as gullible as myself, Rabbi. But I won't belabor the question at this moment. I will, however, come back to it in a minute and at that time ask you to make a guess. Now is it true that you have primary responsibility for the religious school while Rabbi Lewyn focuses on other matters?"

  "Rabbi Lewyn and I share responsibilities in the religious school."

  "Tell us what you do there."

  "I work with the principal, Ziporah Kleindeinst, who frees me from all administrative duties so I can spend time with the kids, teaching and interacting. There's rarely a Sunday when I'm not teaching in one class or another."

  "And did you teach in the fifth grade class of Deborah Seligman, on the morning of November 24th?"

  "Yes, sir. I think so."

  Sutterfeld's eyes rose over his thin-rimmed round glasses. "Once again, we'll need something more specific than that you think so. Ms. Seligman's class curriculum called for a half hour with the rabbi. Are you suggesting that was Rabbi Lewyn and not yourself?"

  "I'm not suggesting anything. I think I taught in that class. But we were in and out of many classes before Chanukah."

  "Was Tybee Morgenstern in Ms. Seligman's class?"

  "Yes."

  "And did you also teach in Howard Tillian's seventh grade on the same day?"

  "As I said, I taught in many classes before Chanukah and didn't keep a record."

  Sutterfeld dropped his chin over a page of notes, before sharply lifting it to view Asa. "Is it fair to say that you came in contact with the Morgenstern girls through the religious school?"

  Asa felt being led by the questioning but saw no alternative. "Yes. I guess you could say that."

  "Any other contact with these girls?"

  "Yes," his voice was low and gravely.

  "Can you explain to us what that contact was?"

  "In the classes I covered history of the Maccabees. I also talked with the kids about the holiday celebrations."

  "And do you drink the wine, too?"

  "No alcoholic wine if that's what you have in mind. For the kids, grape juice works just fine. We don't serve alcoholic beverages of any kind to the kids."

  "I didn't suggest that, Rabbi. And do you also light candles?"

  Asa was slow to answer, recalling Shirley Delinsky's counsel not to offer unsolicited information. "Yes," then fell silent.

  "So," Sutterfeld became animated as if unearthing a great discovery, "you stand before class and physically light Chanukah candles. Is that right?"

  "Not always. Sometimes the teacher ignites the matches and sometimes I do."

  "Do the children also use matches?"

  "Absolutely. How else are they going to learn?"

  "At all ages?"

  "No. As soon as their teacher believes they are old enough."

  "Are eight and ten, the ages of Tybee and Janean Morgenstern, old enough for this practice?"

  Asa didn't appreciate Sutterfeld's inquisitional tone. "Sometimes."

  "How do you know that?"

  "I haven't given thought to the subject. I guess by their hand coordination and general maturity."

  Sutterfeld pouted for dramatic effect while listening to the stenographer peck away at her machine. When the clicking paused, he resumed. "Now let me get this straight, Rabbi. You let children use matches on the synagogue premises, but you haven't any established policy about who is too young to participate? You evidently don't regard matches as dangerous, do you?"

  Asa was uncertain how to continue and received no sign from Corcoran. "Well, you could say… maybe under certain conditions. The question is ridiculous."

  Sutterfeld growled. "Rabbi Folkman, I don't ask ridiculous questions. Your job is not to pass judgment on the quality of my inquiries, but simply to answer them. Understand?"

  "Is that a question?"

  "Yes, it is. Do you understand who is being deposed here and what your obligations are?"

  With a pointed finger at Sutterfeld, Shirley signaled to the video technician that she specifically wished him to train his camera on the prosecution team, then barked. "Marc, you're talking to a distinguished member of the clergy who deserves more courtesy. I demand that you ask your questions respectfully and stop goading Rabbi Forkman."

  He turned fiercely on her. "Last time I looked, you were not Rabbi Folkman's counsel, Shirley. If Mr. Corcoran here doesn't take issue with the way I pose my questions, why should you?" Immediately, he pivoted back in Asa's direction. "Now please, Rabbi, answer the question."

  Shirley nodded for Asa to provide his best response. He began again, cautiously. "We all know that the sole purpose of a match is to start fires, hopefully small controlled fires. Cigarettes, for example. When they start damaging fires such as forest fires most of us would acknowledge their danger."

  "But you don't have a rule at Ohav Shalom about who is too young to use matches. Is that true?"

  "No written policy that I'm aware of."

  "So, by encouraging Janean and Tybee Morgenstern to light matches, you were not breaking any synagogue rule. That is correct, isn't it?"

  "Excuse me," Shirley Delinsky interrupted before Asa could answer. "I'd like to confer with Mr. Corcoran before our client answers that query."

  The interference annoyed Sutterfeld. This time he asked Horace Corcoran, "Is she managing the Dominion Mutual case or are you, Mr. Corcoran? I asked a perfectly reasonable question and I expect an answer."

  "Congregation Ohav Shalom has a vested interest, as well you know." Shirley Dubinsky intoned. "I don't believe your client would approve of your disrespectful tone to a member of the rabbinate."

  "I don't believe you have the slightest idea what my client wants or doesn't want," he responded, his voice raised several decibels. "Now let me continue, if you please."

  Both Shirley and Horace rolled their chairs behind Asa to confer in a whisper. A few moments later, Corcoran rotated back to his original position. "Mr. Sutterfeld, with all deference which you obviously do not extend to us, we think your inquiry about encouraging the use of matches begs the question. Encouragement to practice Chanukah rituals is not the same as encouragement to light forest fires. Please recast your question."

  The presence of two lawyers protecting Rabbi Folkman irritated Sutterfeld. He knew the question led the rabbi but had hoped it would slip by. Begrudgingly, he rephrased. "Rabbi, by encouraging eight and ten year-old boys and girls to conduct holiday rituals, were you breaking any synagogue rules?"

  "No."

  "And was your contact with the
Morgenstern girls confined to their respective classrooms?"

  "No."

  "Please tell us where else?" "In my study here at the synagogue."

  Sutterfeld's eyebrows rose. This revelation was not new to him but he possessed a flare for drama. "Do you often see eight and ten year-old girls in your study?"

  Corcoran whispered to Asa before answering. Then Asa responded. "Would you please define the word often."

  "More than once a week," Sutterfeld responded. "Do you meet with your students in your study more than once a week?"

  "I'll have to look back over my schedule," Asa replied. "Let's put it this way: this is not a common occurrence."

  "And do you close your door?"

  "Usually."

  "And you're not extra cautious about accusations of inappropriate behavior with young females behind closed doors?"

  This he hadn't expected. "Why should I?" he fired back.

  "A spiritual leader of this very congregation has been the subject of a major sex scandal. Normally, one thinks of the clergy as extremely cautious by nature. I'm told that these days keeping one's door open is a common professional practice. Do you do that at your firm, Mr. Sutterfeld?"

  For a brief instant, Sutterfeld hesitated. "That's irrelevant for this disposition. Just answer the question, Rabbi."

  Asa said. "We don't regard that as necessary. The rabbis at Ohav Shalom are trusted. Not a single parent has voiced any suspicions about our reliability."

  A disingenuous smile enlarged Sutterfeld's lips. "Of course. So, is it fair to say that you were alone with Janean and Tybee in your study with the door closed?"

  "Yes."

  "And how did that occasion come about?"

  "It was after religious school on a Sunday morning. Probably just before Chanukah. I didn't record the date so I'm not entirely certain which Sunday it was. The Morgenstern sisters approached me in the hallway outside their classroom and asked if I would listen to them recite the Chanukah blessings. They said they wanted to surprise their parents by fulfilling the rituals. I told them I had to see somebody first, but they could go to my study and wait for five minutes and I would meet them there. When I arrived, they were standing outside with a small pamphlet we produce for the children to practice from."