But Ali altered the topography of the case. Could Kevin lose even joint legal custody? Nina thought about it briefly, then decided. When in doubt, give nothing. “Too bad,” she said.
“What do you mean, too bad?”
“You weren’t serious.” She began to walk away.
“Last chance,” Riesner said. His celebratory tone stopped her. “Personally, I’d just as soon drag this thing out, rack up fees, and end by humiliating you. That would be a pleasure.”
“Why should my client consider this offer?” Nina said. “Give me one good reason.”
“Don’t you remember sweet Ali?”
“Go on.”
“I faxed the notice in advance, as you well know.”
“Too late under the rules.”
“Just learned about her myself. Ask for a continuance if you want. Heck, let’s both make more money on this thing.”
“How did you learn about Ali Peck?”
Riesner blinked. “Such an attractive young lady. Such a young, young lady.”
“If you don’t answer my question right now, this discussion is over.”
An innocent look. “As I will be happy to tell the judge, I received a call about six this morning at my home.”
Nina steeled herself and asked, “Who called you?”
“Ali Peck, stricken by a guilty conscience?”
“I don’t believe you,” Nina said. “I’m going to object.”
“Of course you will. I told my client you would.”
Nina didn’t know if Riesner already knew her files had been stolen and she recognized her need to tread extremely carefully. Just keeping her face straight stressed her out at the moment. “Where is she?”
“Oh, she’s here somewhere, trailing her subpoena, rarin’ to go.”
“If she came forward, why is she under subpoena?”
“I don’t have time right now to get into all that. Suffice it to say that Lisa now knows all about her husband’s adultery. Suffice it to say that she’s not taking it well.”
Adultery. The word recalled red letters, pulpit-thumping, and that old-time religion. Nina tried for a noncommittal expression.
“Cruz folds. He pays my fees,” Riesner said, moving away from the wall and putting an open hand out as if making a generous gesture. “He can even have a payment plan.”
Nina said through gritted teeth, “I’ll speak with him.”
“Do that.” He smiled at her, one hand in his pocket, projecting suave. “Save the little girl from the witness stand and all those sordid details about that big bad cradle-robbing client of yours.”
“Is that it?” Nina said. She looked at the clock on the wall.
“He looks chipper today,” Riesner said. Again he laughed. “He puts on a good front. Maybe that’ll make it easy for him to do the smart thing.”
“Don’t concern yourself with my client.”
“Now, there’s some damn good advice.”
Back at the table, in a hurry now, she leaned down to give Kevin a brief rundown of the conversation. He fixated on one thing. “Where’s Ali?” He looked around the court.
“Probably waiting outside by now. Riesner’s keeping her out of sight until the last second so we can’t talk to her.”
He ran a hand across the fuzz on his skull. “She worried that it might come out more than I did. I’d hate for her to go through this. Oh, man.”
“Kevin, joint legal custody gives you a lot of say, and I would make sure the visitation was generous. But it’s not the result we wanted.”
“I’m sick that this is going to happen, but I’m not going to give up. Like you said. Maybe the judge can see past Ali. I have to get Heather and Joey away from Lisa.” He shook his head. “No, we have to win. We have to fight.”
“Of course the choice is yours.”
He turned to look at Lisa and Riesner, then looked back at Nina. “I’m the better parent.”
“We still have a strong argument,” Nina said. “We’ll work around Ali. We have to.”
“Good. Thanks for not telling me to give up.” Nina felt a pang. He sure shouldn’t be thanking her when she might be part of his problem.
Nina looked over at Riesner and gave her head a sharp negative shake. He shrugged and bent to Lisa’s ear.
They all stood while Judge Milne entered the room and took his seat. Judge Milne, a tall, imposing man, had a deep golf tan and an untroubled brow. He trusted himself, that was his secret. He made his decisions and then never thought about them again. Luckily, if you appealed to his pragmatic side, his judgment was pretty good.
And luckily, he seemed to have a soft spot for Nina. She played to that. There were limits to high-mindedness.
After the preliminaries, Riesner, straightening an imaginary bend in his faultless tie, stood at his table.
“I would like to call a final witness,” he said.
“Objection, Your Honor.” Nina leafed through the pitifully small pile of papers relating to the case just to give herself another second to construct her reaction to this unsurprising news. “There are no further witnesses on his list, Judge. It’s improper and should not be allowed.”
“I see that,” Judge Milne said. “What’s going on here?”
“Your Honor, I have provided the court with a copy of a supplement to the witness list, duly faxed to counsel as soon as the witness was discovered and filed this morning. I just received some information about Miss Reilly’s client that has bearing on his fitness as a parent. I apologize that I was unable to give reasonable notice to his attorney, but this information came to me through a third party early this morning. I took Miss Reilly aside just before court and advised her again of the circumstances, so I hope we aren’t going to have a show of disingenuous surprise.”
“Inadequate notice, Your Honor.”
Judge Milne found the supplemental document. “Oh, here it is. A supplemental witness. Affidavit in support thereof. Ms. Reilly. You are requesting a continuance?”
Kevin shook his head. No.
Credit the judge for giving her a full ten minutes to argue her objection for the record. She realized from his expression almost from the beginning that he would allow Peck to testify. Finally he raised a hand to stop her. “I’ll continue it if you need additional time, Counsel. Otherwise, we’ll proceed.”
Nina sat down, already moving her mind on to the testimony. No sense letting this lost skirmish knock her off-balance. Judges were notoriously lenient about allowing evidence when it came to custody hearings. There was no jury to confuse and they wanted as much information as possible.
As Riesner escorted a young woman into the courtroom, Kevin no longer looked the confident father. He murmured something unpleasant and started to get up. Nina clamped a hand on his shoulder and shoved until he sat. “Settle down,” she whispered.
“I can’t just sit here and let them screw me!”
“Shh,” Nina said.
The buff-looking girl clumped up to the stand in jeans and hiking boots, her pink cheeks complemented by shiny black hair. Kevin clearly favored athletic women, Nina thought, as Ali swore to tell the truth. Riesner got right to it, rushing through the boring preliminaries and dallying in the salacious details.
An older version of the girl sat in the back of the courtroom, wincing. Ali’s mother.
“We went together for about three months,” Ali said in answer to a question.
“How often did you engage in sexual relations?”
She lowered her head. “A few times a week.”
“And you were seventeen at the time.”
“Yes.”
“Not even old enough to vote or drink a glass of wine, were you?”
“Objection,” Nina said. “She was seventeen. We get it.”
“Sustained.”
“And where did you have these sexual relations?” Riesner asked, steepling his hands on the table.
“Different places.” Her voice had a note of anger in it. Resentme
nt at being hauled over here today? “Sometimes on a blanket in the woods.”
“Anywhere else?”
“In his car.”
“His patrol car?”
“No, his regular car. Never in the patrol car. We had a rule.”
“Anywhere else?”
She flushed a deeper red and didn’t answer.
“Did you ever have sex with Mr. Cruz at his home?”
Although Kevin seemed ready to explode, Nina put her hand on his arm and sat calmly. No point in objecting. Riesner would insist on this one and the judge would allow it.
“Yes.”
“Please tell the court how that came to happen.”
“We had finished for the day.”
“You mean, the youth cadet program?” he asked, with the emphasis on youth.
“Right. We were done for the day. We stopped at his house on the way to my house and, uh, we got carried away.”
“Where did you get carried away?”
“Uh, in their bed?”
“‘In their bed.’ ”
“Your Honor,” Nina started.
“We can hear, Mr. Riesner. No need to repeat,” said the judge.
“And where were the children?”
“Where do you think they were, asshole?” Kevin whispered. “Standing there watching?”
“I think they were gone somewhere. Yes, they weren’t there. We just got carried away. Kevin wouldn’t have-Kevin kept me away from his kids. I never met them.”
“Were there any other such incidents?”
“You mean did we do it in his house again?”
“Yes.”
“No. We didn’t. Except kissing once out front on the porch.”
“Where were the children that time?”
“Oh. They were supposed to be asleep but that one kid, the boy, he woke up. Kevin had to put him back to bed.”
Kevin jabbered into Nina’s ear. “Joey never saw anything, I swear it, Nina. We had no privacy-things got out of hand, but we were so careful. The door, that one time at our house, it was locked and the kids weren’t even home. I would never harm my kids, never expose them to anything like that.”
When Nina’s chance came to cross-examine the girl, she took only enough time to clarify the issues. The girl had entered into the relationship willingly and had, in fact, initiated it. The Cruz marriage had already broken down. Kevin Cruz had always shielded his kids from knowing anything about Ali. Nina kept her questions short. The longer she stayed up there, the worse things would be for Kevin.
Although Kevin tried to talk her into it, she decided not to put him back on the stand. Refuting the details of Ali’s statements might work just to etch sordid details of the relationship into the judge’s mind. And anything Kevin said now might be used against him in the further complications that were sure to develop due to Ali’s age. She had to protect him from incriminating himself.
Besides, what could Kevin say in his own defense?
Riesner made a powerful closing argument, holding forth on the virtues of Lisa Cruz, pooh-poohing the doctor’s report on her ongoing depression except to say that she was “striding toward a healthy future with her children.” He spoke glowingly of his client with zeal and warmth Nina knew was affected but seemed absolutely real. Now that he had Nina back where he wanted her, in the weaker position, he seemed assured and smooth, his old self.
“Your Honor,” he continued, “there’s been some effort on the part of the respondent to use religion as a factor in this case. Doctrines that have to do with the celebration of Christmas and birthdays or participation in voting or military service have been held to be outside the realm of religious views that could be considered as a danger to a child’s mental or physical health when it comes to deciding custody in a divorce proceeding.”
“I have your citations, Mr. Riesner,” said Judge Milne.
“Mrs. Cruz has stated that she does not know what she would decide in the sad event that a blood transfusion was recommended for one of the children but that she would be open to the input of medical professionals in addition to the opinion of Mr. Cruz. Her community activities as a firefighter and fund-raiser for good causes should be seen not as a distraction from her mothering, but as a shining example to her children, and must be considered in the light of her overall excellence as caretaker to these precious children. She’s a superior mom and commendable human being, that is clear.
“Mr. Cruz, on the other hand, with his spotty work history and reprehensible immorality, brought his adulterous behavior right into his home. The best interests of these little children are to remain with their primary caregiver. Not to cast this as a morality play, Your Honor, but consider the character of the players. Consider Mr. Cruz. Moral turpitude, Your Honor. Sexual misconduct. A crime. Mr. Cruz may end up in jail, jobless. He committed statutory rape. I will of course be compelled to turn this information over to the district attorney’s office.”
Nina’s turn.
She started her own list, a list of Kevin Cruz’s practical virtues. “A careful review of the testimony given in this case shows that Kevin Cruz would make the better custodian of his two minor children.
“Lisa Cruz’s religious activities, while admirable, are extremely time consuming. To make up for the time she spends away from home looking for converts, she told the court she would take her children along with her door-to-door. We have previous testimony that this activity, while not necessarily harmful in itself, can in time generate painful conflicts between her and the children.”
At this point, she skidded hard into the mental-health problems suffered by Lisa Cruz, recapitulating the testimony of Lisa’s own doctor, hammering home his words “chronic depression,” and reminding the judge that her own doctor said Lisa Cruz’s chronic condition was likely to come and go for the foreseeable future and could be considered a lifelong disability.
“Now, as to Ali Peck. Mr. Cruz was in fact worrying about his children and did keep her away from them, as she testified. The point is, his children were not affected in any way by this affair. His marriage was in trouble. He was lonely. He made a mistake. What’s important, Your Honor, is that this affair lasted only a short time and is long over. A single misstep should not in any way overshadow the mediator’s recommendation and finding that overall Mr. Cruz is better suited to have physical custody.”
After she sat down, she caught her breath and, by chance, caught another unsettling glare from Lisa Cruz. After Lisa turned away, Nina scrutinized Judge Milne, trying to read him.
The judge was looking at Ali, who had taken a seat in the back row, probably picturing sweaty embraces observed by little kids. Nina almost saw the decision forming like a cloud over his face. He turned back to his notes. He had decided that an excess of spiritual seeking was better than an excess of lust.
They had failed. Ali, the trim little cadet, had dispatched Kevin directly into the lonely hell reserved for loving fathers without custody.
Okay, that wasn’t fair. Kevin had put himself there.
Her client had also spent the past few minutes studying the judge. One glimpse of his white, balled knuckles was enough to tell Nina he knew what she knew. After court adjourned, he stood in the doorway shaking, curling and uncurling his fists, apparently waiting to punch somebody out. Nina nudged him through the door safely, but once they got outside he ran after Lisa, who was walking with swift steps toward the parking lot.
“Wait right there. I want to talk to you,” he said.
Nina ran up behind him. “Kevin, no.”
“Leave me alone, Kev,” Lisa said. “I’m warning you. Stay away from me.”
“You stole my file, didn’t you? You talk ethics night and day, but you know what? I know the real you under that sanctimonious bullshit. You’d do anything to keep Heather and Joey. You’d lie, cheat, steal-anything. But now hear this. I won’t let you have those kids.”
“You have no choice, do you? Just had to have your little girlfriend.
You cheated on me, and you cheat your kids, behaving that way, like an animal. You have nerve even talking to me today.”
Her composure pushed Kevin right over the edge into the abyss of his fury. “Watch your back, Lisa!” he yelled, shaking a fist at her. “Those kids are mine!”
Nina held his arm. “Don’t touch her. Please don’t,” she said.
“Don’t threaten me, you loser,” Lisa said. “I’m not afraid of you or your dipshit lawyer. I’m the one in control now. And you’ll be living with that for the rest of your days.”
Kevin looked at his fist, put his hands at his sides.
Lisa turned to Nina. “As for you? I’m not surprised you crawled out of the woodwork, that’s bound to happen with vermin. Maybe it’s a good thing. I finally can tell you exactly what I think of you. You disgust me. You’re a disgrace as a human being. Why am I not surprised you get your jollies out of hurting another mother?” With that parting shot, she pulled open the door to her car and drove away.
6
“T HREE FILES,” SANDY said back at the office. “Our trickiest cases.”
Five P.M. The end of the day had arrived. Unlike every other day, when they would leave the door unlocked until they actually left, this Friday they had locked the door promptly and turned on the voice mail. The public business of this calamitous day had ended.
Nina had already reviewed Kevin’s hearing and its probable outcome with Sandy, who had reacted with initial restraint at the news that Nina had probably lost. Now Nina stood beside Sandy’s computer and pointed to a sheet of lined yellow paper. “These weren’t complete files, so I’ve tried to outline what I know was there in some detail over here.”
“What’s this?” Sandy said, her beringed finger hovering over a small dark blob on the sheet.
“Jelly,” said Nina promptly.
“Is not. You cried.”
“I never. But I know I shouldn’t worry so much. My files are as dry as dead beetles to anyone but another lawyer. They’re in a trash can somewhere, dumped by the delinquent who stole my car. The courthouse is always swarming with criminal defendants. If you tried to think of the worst place to drop your car keys, try the place where car thieves spend half their lives.”
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