Caught by You

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Caught by You Page 29

by Jennifer Bernard


  “Very well. Call your first witness.”

  “I’d like to call Beth Gilbert to the stand. My client worked for the Gilbert family taking care of their son for the first eight months of his life. If anyone can speak to her potential as a mother, she can.”

  The opposing lawyer stood up. “Your Honor, we object to this list of witnesses, which we received only yesterday. We can provide an equally impressive parade of witnesses who will say that Harvey Hannigan is an excellent father.”

  “The relevance, Your Honor,” said Ms. Gaynor, “is that the child’s father chose to make my client’s past history and character the principal element of the case.”

  “I’ll allow it,” said the judge. “Both sides will have ample opportunity to question the witnesses.”

  Beth Gilbert, looking every bit the wealthy Texas socialite that she was, took the stand, swore on the Holy Bible to tell the truth, and proceeded to describe someone Donna barely recognized. “I’m the first one to tell you that my son Todd is a handful. He never stops moving, and now that he’s beginning to talk, he never stops that.”

  “He’s talking?” Donna asked eagerly, leaning forward.

  “Yes, he is! In the swing. His first word was ‘fast,’ at least that’s what we think.”

  The judge banged the gavel. “Can we stay on topic, please?”

  “Yes, Judge. I never saw Donna lose her patience or be anything less than cheerful with Todd. After she left, we had to hire three ­people to replace her. No one else could handle him full-­time the way she did. She’s a treasure. All my friends’ children love her too. We were crushed when she left.”

  When it was his turn to cross-­examine Beth Gilbert, Harvey’s lawyer jumped on that opening. “You said you were crushed when she left, that she left you in the lurch. Is that the action of a responsible caretaker?”

  Beth bristled. “She gave us plenty of notice and explained why she was leaving. We couldn’t offer her full benefits, which she needed in order to regain custody of her little boy. She’s come back to help us out several times since then, even though she now has a new job. She’s expressed the desire to remain part of Todd’s life even though she’s no longer employed by us. We found her actions completely understandable and responsible.”

  The lawyer quickly wrapped up his cross-­examination after that, and Beth stepped out of the witness box. She flashed Donna a thumbs-­up as she took her seat a few rows back. Next up was Donna’s mother.

  “At first I was surprised to get a call from Donna’s friend,” she said, with that musical voice trained to reach the back of a stadium. “I’m not much of a maternal example, seeing as I ran off on my family about twelve years ago.”

  Donna cast a look at her father, whose gaze was fixed on his ex-­wife as if she were an angel floating back from heaven. Oh my God. He still loves her, she realized. No wonder Carrie hated any mention of Lorraine MacIntyre. No wonder Carrie hated Donna—­a constant reminder of the woman who left. Being married to someone who loved someone else? Nightmare. Exactly what she’d vowed never to do. Exactly why she hadn’t wanted to accept Mike’s proposal.

  And that’s what Carrie had been living with. Perhaps for the first moment in her life, she felt empathy for the woman she’d spent her teen years battling.

  Her mother was telling a story in that riveting voice, holding the entire courtroom spellbound. She was such a compelling performer, so comfortable in the spotlight, with everyone hanging on her every word. Donna had to smile; she knew how that felt now, thanks to Crush Taylor and the Catfish.

  “The doctor diagnosed her with an extreme case of situational depression related to her pregnancy. I was told that her youth and lack of family support were both contributing factors. By the time she came to me, she was so ill I insisted she be hospitalized. They put her on anti-­depressants. She took them even though she made me do all kinds of research on the Internet first. She was afraid they’d hurt the baby.”

  Donna drew in a soft breath. She’d forgotten about that. Even though the doctor had said the medication wouldn’t harm the fetus, in her fearful state, she hadn’t believed him.

  “When the Hannigans and I started talking about what would happen after Donna gave birth, about giving the baby up for adoption, that’s when Donna came back to life. She swore up and down that she’d never sign anything like that. And even though she was sick as a dog, weak, barely in her right mind, she was so fierce about it that we believed her.”

  Donna realized she was holding her breath. She’d never heard her mother talk about all this before. By the time she’d come out of the depression, Lorraine MacIntyre had been back on the road.

  “Every one of us, Harvey, Pete and Sue Hannigan, Mac, myself, all of us are only here today because Donna refused to give Zack up for adoption. No one else had any problem with it, in fact, everyone thought it would be best. Everyone except Donna. Even in the worst, most ill moment of her life, Donna refused to let Zack go. She always wanted him. And I believe that everything she’s done since then has been with the goal of making a good life for Zack. I’m very proud of my daughter. Very, very proud.”

  Tears coursed down Donna’s face. Hearing the facts of her experience with hyperemesis and depression laid out in a courtroom was like ripping her insides out for all to see. Nearly five years ago, it had happened. Five years that felt like fifteen.

  The lawyer on the other side hurled question after question at her mother, but each one gave her mother an opportunity to respond with facts. Facts like “About thirteen percent of pregnant women and new mothers experience depression. Like Donna, most never experience it again. Donna has absolutely no history of ever trying to harm her child, which is the only reason why an episode of depression would ever factor into a custody situation.”

  Donna’s jaw dropped. Her mother had done research? So not Lorraine’s style. But the opposing lawyer didn’t seem to know that. He let her go as well, and as she moved down the aisle with her springy, graceful stride, she gave Donna an intimate smile.

  That smile didn’t erase the decade’s worth of hurt lurking in Donna’s heart. But the fact that she’d come here today and stood up for her . . . well, that did a lot.

  She heard someone say the name “Mike Solo” and snapped back to attention. The judge was asking Ms. Gaynor a question.

  “In the last proceeding, the existence of an engagement to the baseball player Mike Solo was brought up as something that would contribute to Ms. MacIntyre’s fitness as a parent. Would you like to call him to the stand?”

  Ms. Gaynor glanced over her shoulder at Mike, who sat right behind Donna. The lawyer nodded, as if confirming some sort of agreement, and rose to her feet. “No, Your Honor. This hearing is about Donna MacIntyre only. Mike Solo has a statement for the court, however. May I read it?”

  The judge indicated her assent, and Ms. Gaynor read aloud from a piece of paper. “First, I’d like to say that I love Zack and want only the best for him. My testimony can’t possibly be unbiased because I also love his mother. I hope to talk her into marrying me, but I’m not sure how that’s going to go. I may have messed things up too much.”

  Whispers stirred the courtroom. Talk about juicy . . . this was going to be all over Kilby by tomorrow. Face heating, Donna kept her eyes fixed on the table in front of her, where a series of old coffee rings in the laminate looked like a drunken Olympics emblem.

  The lawyer continued. “Donna doesn’t need anyone else to make her a fit parent. She’s already that, one hundred percent. If she does allow me back into her life, I vow that I will be the best stepfather I can be. You can ask Father Kowalski back at St. Mary Margaret in Chicago about my record with vows. Or any girl in Kilby, except for the one I intend to marry. Thank you for your time. Signed, Mike Solo of the San Diego Friars.”

  A ripple of laughter joined the gossipy whispers. Donna fought back a smile. Mi
ke Solo and his vows.

  The judge cleared her throat; she seemed to have trouble smothering a laugh as well. The big tattooed bailiff was staring at the ceiling, as if willing himself not to smile. “Well. Thank you for that, Mike Solo. Is there anyone else you’d like to bring to the stand, Ms. Gaynor?”

  “I’d like to give Donna MacIntyre a chance to—­”

  The courtroom door opened and closed with a thump, followed by a whirlwind of whispers and shuffling feet. Donna craned her neck to see over the heads of all the taller ­people filling the courtroom. Finally a space cleared and there was Bonita.

  With Zack.

  Donna jumped to her feet, eyes glued to her little boy. Holding Bonita by the hand, he looked bewildered by the crowd of faces before him. On the opposite side of the aisle, Harvey also bolted to his feet.

  Zack’s face crumpled, but Bonita lifted him onto her hip. She looked as if she were posing for a glamorous-­young-­mother photo, with a high ponytail and a crisp tailored blouse. On her other shoulder hung a quilted diaper bag, which was ridiculous because Zack didn’t need diapers anymore. He wore big boy underpants. She must have grabbed it as some sort of prop.

  The judge was banging her gavel through the din. “Who are you, may I ask?”

  “I’m Bonita Wade Castillo, and I’m engaged to Harvey Hannigan. Since I obviously have a very important role in Zack’s life, I thought I ought to be here, not back home babysitting.”

  Zack started to cry. Bonita shushed him sharply and bounced him on her hip, which just made him sob all the more.

  The judge glared at Bonita. “There’s a reason why we don’t allow minor children in the courtroom without special permission. A four-­year old doesn’t need to be exposed to the legal process, especially one that involves him. That’s what the adults are here for.”

  “I don’t see what the big deal is. I asked Judge Quinn and he said I should come on over. He’s supposed to be in charge of this hearing anyway, isn’t he?”

  Judge Galindez’s eyebrows drew together in a scowl. “I’m in charge of this hearing, and I will not allow it to be turned into a circus. Remove the child from the courtroom immediately.”

  Zack was screaming now, long, frightened sobs that ripped through Donna’s heart. She’d strangle Bonita for this. How could she do this to Zack? Finally, she managed to elbow her way past the chairs to reach the end of her row.

  “Mama!” Zack cried when he spotted her. “Mama, Mama, Mama!”

  In her desperation to get to her son, she didn’t see the foot sticking into the aisle. She tripped over it and went airborne for a brief moment. Then she landed splat in the middle of the aisle with a thud.

  Cripes. So much for impressing the judge. She didn’t care anymore. All that mattered was getting to Zack. She scrambled to her knees.

  Zack kicked his way out of Bonita’s grasp, dropped to the floor like a monkey, and hurtled toward her. On her knees on the courtroom floor, she caught him in her arms, her scared, sobbing Zack. He surrounded her with the scent of peanut butter and exuberant boy, his arms tight around her, so tight, as if he never wanted to let go.

  Chapter 28

  THE SCENE IN the courtroom was utter chaos, but Mike loved every second of it. Bonita’s ego had obviously gotten the better of her common sense. Maybe she thought bringing Zack would make her look motherly. If so, that had been a major error in judgment.

  Red-­faced and clearly furious, Judge Galindez ordered Bonita to remove Zack from the courtroom or be thrown in jail.

  “That’s outrageous!” Bonita shouted back, pulling out her cell phone. “Do you know who my second cousin once removed is? Did you hear my middle name?”

  “No cell phones in my courtroom. Bailiff!”

  The tattooed bailiff moved fast for such a big guy. He plucked the cell phone from Bonita’s grasp as she kicked him in the shins.

  “Don’t you touch my cell phone!”

  “Get her out of here!” The judge banged her gavel again. Harvey jumped to his feet and scrambled down the aisle to reach Bonita.

  “What the hell are you doing?” The whole courtroom could hear his furious whisper.

  “Stay out of this, Harvey,” she hissed back.

  “Are you kidding me? You pushed it too far, babe.” With a disgusted shake of his head, Harvey picked her up bodily and handed her to the bailiff.

  Mike had never seen a sweeter sight than Bonita being marched out of the room by an officer of the court.

  Meanwhile, Zack was still clinging to Donna’s neck like a howler monkey. “Judge, can I take him down to the cafeteria?” Donna asked, keeping her arms tight around him.

  “You were about to take the witness stand,” the judge reminded her.

  “I know. But he’s so upset.” Donna dropped a kiss onto Zack’s hair. “He needs me. I have a statement I’d like to make, but I have to take care of Zack first.” She lifted her chin, as if preparing herself for the worst. “I’m sorry, Judge.”

  “We’ll take a five minute rec—­” the Judge began.

  “That won’t be necessary.” Ms. Gaynor, the lawyer, rose to her feet. “We rest our case. Go, Donna, and take care of your little boy.”

  On her way down the aisle, Donna met Mike’s eyes, her gaze clinging anxiously to his. A deep thrill sank through him that she’d turned to him, that she trusted him. He gave her a reassuring nod and a smile—­everything’s going to be okay.

  And it was. He knew it. Could anything top the sight of Zack wrenching himself from Bonita’s grasp and running to his mother? Or the image of Donna facing off with the Judge, putting Zack’s wellbeing before anything else? Not likely. Even the memory of it made Mike grin. No way could the judge possibly rule against her.

  In the end, the judge didn’t even have to make the call. After Donna and Zack had slipped out of the courtroom, Harvey shocked everyone and announced that he would not dispute Donna’s bid for custody, so long as he was allowed to see Zack at least once a week.

  Ms. Gaynor instantly agreed to that on Donna’s behalf, since Donna had never resisted Harvey’s role in Zack’s life. The judge banged her gavel one more time.

  And that was how Donna missed the ruling that Mike knew she’d been hungering for since Zack’s birth. “Donna MacIntyre is hereby awarded primary custody of Zackary Hannigan. She will work with Harvey Hannigan to formulate a suitable visitation schedule. Case closed.”

  The courtroom erupted with applause and cheers, as if a Broadway show had just come to a close. It had probably been one of the more entertaining spectacles the sleepy Kilby Courthouse had ever seen. Mike shook Ms. Gaynor’s hand, then made his way down the aisle, exchanging hugs with everyone he came across—­Mac, Lorraine, Sadie, Caleb.

  Beth Gilbert got an especially big hug, one that lifted her off her feet.

  “If you ever come to San Diego, be sure to call me ahead of time. Box seats, guaranteed.” He extended the same offer to Mac, to the Hannigans, even to Harvey.

  “Thanks, man. Listen, no hard feelings, right? I know things got a little out of hand for a while there,” Harvey mumbled.

  “No hard feelings.” Mike shook Harvey’s hand. “If everything goes the way I want it to, I’ll be in your life for a long time. So let’s keep it cool.”

  “Cool. Solid. I’m down with that.”

  Mike clenched Harvey’s hand tighter and leaned in close. “One thing. If you or Bonita ever do anything that might hurt Donna or Zack again, I will be on your ass like a freaking warrior, you got me?”

  Harvey backed away. “Yeah, yeah, dude. Don’t sweat it. Bonita and me are through, anyway.”

  “You are? Then why’d she show up here with Zack?”

  “I mean, she doesn’t know we’re through yet, but we’ve been having some . . . uh . . . issues. I’m sure you’ll hear about it, being a ballplayer.” He shifted uncomfor
tably, shoving his hands in his back pockets. “Water under the bridge, man. Water under the bridge.”

  Out in the hallway, Caleb explained the mystery. “Sadie’s mom got the lowdown. Harvey caught Bonita throwing herself at Trevor Stark at the Roadhouse.”

  “What?”

  “Yup. She was there for a friend’s bachelorette party. She had a few drinks and Trevor worked his magic, and abracadabra.”

  “Seriously? That dog.”

  “You know Stark. The girls go crazy for him, and he isn’t one to say no. Anyway, the word is, she was all set to run off with him to major-­league-­land, but Trevor had her figured out pretty quick. Harvey was mad, but he was ready to take her back. Now it sounds like he’s done. He doesn’t seem like a bad guy, just . . . meh.”

  Meh. That about described Harvey. But from now on, Mike would try to think the best of the guy, since he was Zack’s dad.

  They found Donna in the cafeteria spreading peanut butter on pieces of banana for Zack. When Mike gave her the news, she burst into tears. They all stood around in a sort of awkward group hug, Sadie, Caleb, Mike, and Donna, with Zack staring up at them with a perplexed frown.

  “Why Mama cry?”

  Donna reached for him, swung him into her arms, and buried her face in his carroty hair. “Sometimes ­people cry when they’re happy. I’m very, very happy right now. I’ll explain it to you later. Right now, I feel like celebrating! What should we do, Zack-­arillo? Go to the zoo? Feed the ducks? Play hide and seek?”

  “Baseball!”

  Laughing, Caleb and Mike gave each other high fives, while Sadie rolled her eyes. “They bribed you, didn’t they, Zack?”

  “Baseball it is,” said Donna, grinning. “When’s the next game, Mike?”

 

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