Sex Happens

by Carol Soloway

  “I’m Howard Wright, attorney for the petitioner.” He explained that the evidence would show why sole legal and physical custody had to be granted to Dr. Gabriel Rose. He described Alexandra Rose as an unfit mother who burned her son and habitually failed to arrive home in time to take the children to their games.

  Before Mr. Wright could continue with a litany of unsavory and inappropriate acts, Alex stood up and yelled, “I only missed one game.” Then, in rapid fire, she explained how competent she was as a mother.

  Immediately, the bailiff walked toward Alex, stood right next to her, and moved his right index finger from side to side.

  Leventhal put his hand on Alex’s wrist and waited for the judge to call him to present his opening statement. He introduced himself as Mr. Joshua Leventhal, attorney for the respondent. He explained that Alex was a responsible doctor of chiropractic whose partnership provided her the flexibility to meet all of her children’s needs, including transportation. He provided a log consisting of the dates and times of games and practices to which Alex had transported the children, the parent–teacher conferences she’d attended, and the recreational activities, such as movies and park excursions, to which she’d taken the boys. Leventhal concluded his opening statement and nodded to Alex, confident he had diffused all of Gabe’s accusations.

  “Mr. Wright, please call your first witness,” the judge instructed.

  Dr. Gabriel Rose was sworn in, and, in response to Wright’s questions, he drew a portrait of Alex as a danger to the children. Then he proceeded to describe his competency. “As a cardiologist,” Gabe said, “I’m able to support my boys. My soon-to-be wife has quit her job in order to provide a stable home.” He glanced dismissively at Alex.

  Alex’s stomach churned. Gabe spoke as though the words “wife” and “work” were mutually exclusive, in contrast to words like “husband” and “provider,” which were inextricably intertwined.

  Leventhal stood up and looked at Gabe. “Doctor, please explain to the judge how you’ll be able to care for the boys while embroiled in a Medicare investigation.”

  Gabe shot to his feet. “There’s no—”

  “I request a break to confer with my client,” Gabe’s attorney said.

  “Granted.” The judge took off his smudged glasses. “But first, I want both attorneys to approach the bench.”

  As the judge and the two attorneys spoke in hushed tones, Alex and Gabe glared at each other. Gabe’s eyes nervously darted back and forth. She looked straight at him with unwavering clarity and saw the other side of love, the one that got twisted inside out and was ugly.

  After consulting with the attorneys, the judge said, “The Medicare issue is speculative, and since it wasn’t in the original proceedings, I’m not going to allow it.”

  “What?” Alex sat back in her chair, shocked by the judge’s seemingly dismissive attitude.

  Gabe smirked.

  She hated that smirk. It was the same expression he’d had after he’d described her ineptitude. After criticizing her, he’d tell her he would forgive her because he was magnanimous enough to overlook her flaws. She’d thank him, grateful for whatever crumbs he’d given her. Now she knew it was control, not love, he’d offered. She would never again accept crumbs. She was worth more.

  Then Gabriel’s mother, the children’s grandmother, was called to the stand. After being sworn in, she explained how, whenever the boys were at her house, Alex was always “extremely tardy” when she’d pick up the children.

  “That’s not true,” Alex called out.

  Again, the bailiff walked over and signaled her to calm down.

  The judge cautioned, “If you do that one more time, I’m going to hold you in contempt of court.”

  Then, just as Gabe had threatened, Dr. Kaplan was called and sworn in. Wright asked him to explain the circumstances under which he’d last seen Alexandra. He explained she was not diligent about immediately transporting Jon to the hospital, and, in his opinion, she’d acted inappropriately. Magnifying the severity of the burn, he described Alex’s blasé attitude toward Jon when he was in such horrific pain.

  Upon Leventhal’s interrogation, Dr. Kaplan did concur that she had tried to soothe Jon.

  The witnesses for Gabe continued to give their testimonies for another hour, each witness attesting to Gabe’s impeccable character and loving parenting.

  Then it was Alex’s attorney’s turn. He called her first.

  After she was sworn in, Mr. Leventhal questioned her, demonstrating her professional credentials and competent personal attributes.

  When it was Mr. Wright’s turn to question her, he addressed her as “Mrs. Rose.”

  “Dr. Rose,” Alex said with quiet dignity.

  “If you were to be given joint custody of your three children, Mrs. Rose, what would your financial expectations be from my client?”

  “I’d expect him to share equally.”

  “So you’re dependent upon Dr. Rose’s financial help for the children?” Wright demanded.

  “He is their father, and I believe he has certain responsibilities to our children,” Alex said.

  “Yes, Dr. Gabriel Rose is the custodial parent,” Wright agreed with her.

  The word “parent” used exclusively for Gabe made her gasp. Although she wanted to extricate Gabe from her life, she knew he’d been a caring father. He’d sewn up Jon’s bear, cheered for the boys at their football games, and made their home secure within his embrace. Or had she just imagined they’d been secure? That was until his heart found another home.

  “Mrs. Rose, as I was saying …” Wright narrowed his gaze. “Why don’t you tell us how you intend to care for the boys with your busy, um, schedule?” he said mockingly.

  “I can work around my children’s schedules. My partner understands my commitment to my boys and is willing to accommodate their needs.” Alex wondered whether Gabe and his attorney knew about Seth’s plans to move.

  Wright cleared his throat as though something distasteful had lodged there.

  She tensed, fearing he was about to hurl questions at her designed to reveal poor judgment, inappropriate behavior. She hoped the judge would understand how vulnerable she’d been, how Gabe had set her up, and how she’d fallen in love or lust. But she’d changed. After Luke’s horrific debasement, she had faced the abyss. Now, she was more determined than ever. Now, she was a powerful woman who could protect and nurture her children.

  “Why don’t you tell us about your clubbing and drinking at all hours of the night?” Wright asked.

  At first, when she’d seen the allegation in the petition, she’d thought it was Judi who’d informed Gabe. She’d been reluctant to confront Judi, but she’d never suspected it was Gabe who’d put Luke up to taking her out.

  “Objection. Hearsay, and it was not substantiated,” Leventhal said, but, of course, the judge had already heard the allegations of alcohol use and irresponsibility.

  “Sustained,” the judge said.

  Mr. Wright nodded and asked, “What about almost missing Dr. Weisbarth’s appointment for a deer-hunting trip?”

  “Objection,” Leventhal said. “Dr. Gabriel Rose insisted she take that appointment due to his schedule and then told her that he didn’t need her to switch. It was he who was going on a trip.”

  “Sustained,” the judge said.

  “All that aside,” Wright said, making sure it wasn’t aside, “I want to discuss what you’ve done to control the ‘behavior’ that caused this custody case in the first place.”

  Alex froze. She would never deliberately harm her child; however, there was a fleeting second when she’d thought of her own mother and had almost believed she’d burned Jon on purpose, just like Gabe had said. Somehow, from the moment she’d become Gabriel’s wife, she’d viewed the world through his prism. Often, when he wasn’t by her side, she’d
heard herself voice opinions that were clearly his. She’d heard herself say “Gabe thinks” instead of “I think” too many times. Once she’d become his wife, she’d watched herself disappear as easily as chalk on a blackboard. But she wasn’t going to be erased from her children’s lives.

  “I think the Seven-Thirty report confirms joint custody is appropriate,” Leventhal said.

  Alex recalled when Leventhal had presented her with the Seven-Thirty report from Dr. Weisbarth, she’d been so relieved upon reading his recommendation for joint custody. Leventhal had told her Weisbarth was known for granting full custody to the mothers, but this was the best they could have hoped for, considering Gabe’s probable connection with Weisbarth.

  “The Seven-Thirty report was neutral, I concur, but we have a body of evidence confirming Mrs. Rose’s irresponsibility,” Wright said and proceeded with other questions designed to discredit her.

  Alex remained strong throughout the interrogation.

  Then Alex’s witnesses were called. Seth and Liz both provided excellent testimony and were unintimidated by Mr. Wright’s interrogation. Terri and Meredith had wanted to give their testimonies, but Alex’s attorney insisted it would be more powerful to have the people who continually witnessed her interactions with the children.

  Just as the judge was instructing the attorneys about presenting their closing arguments after lunch, the courtroom door opened.

  Alex turned around and gasped.

  Gabe put his head in his hands.

  Alex wrote a note to Leventhal.

  “Your Honor, we have a witness to add,” Leventhal stated.

  The judge nodded. “We’ll break for lunch, then, as I started to explain, we’ll have the attorneys each produce their closing arguments. However, I’ll consider the witness and provide my opinion when we reconvene.”

  CHAPTER 50

  Unable to eat, Alex sat in the cafeteria with Leventhal, who wolfed down a tuna sandwich. Seth and the First Friday women decided they’d rather take a walk. Alex and Leventhal discussed everything Luke had told her: the bribery, the warnings, the tape.

  “We’re going for broke,” Leventhal said.

  “Luke could be jailed.” Alex shook her head.

  “Alex, you’ve got to take care of yourself.”

  Reluctantly at first, then with determination, she agreed. “Who asks him the questions?”

  Leventhal explained the voir dire procedure in which the opposing counsel could ask the witness questions designed to discredit him and show that he would not “speak the truth,” which, Leventhal said, was the literal meaning of the term voir dire. Leventhal explained the opposing counsel would usually try to convince the judge the witness was not truthful; therefore, he shouldn’t be permitted to testify.

  “Does it happen?” Alex asked.

  “Sometimes.” Leventhal stood up. “Time to go back to the courtroom.”

  ◆◆◆

  The judge returned to the bench. “Now we have the issue of whether or not we’ll hear the witness who’s not on the list.”

  Just as Leventhal had explained, Wright asked, “Your Honor, may I take the witness on voir dire?”

  The judge ruled Luke was to be voir dired by Mr. Wright.

  Wright asked Luke how he knew Dr. Gabriel Rose.

  Luke recounted how he’d met Gabe and how Gabe had hired him to distract Alex and then, ultimately, to get rid of her.

  Wright asked Luke why he would have agreed to such a request.

  “Money,” Luke said and explained how he was in debt after his daughter’s death. He explained how the deal was supposed to have been easy—just take Alex out a few times, get her a little drunk, and that was it. Then he explained how Gabe had escalated and, finally, insisted he do away with her. He stated that he even had it taped.

  Wright asked him whether he’d obtained Dr. Gabriel Rose’s permission to tape the conversation, to which Luke confessed he had not. Wright proceeded to ask him questions about his motives, his background, and the explicit nature of his relationship with Alex. At the conclusion of Wright’s interrogation, Luke emerged as a dangerous hunter who had PTSD, possessed a stockpile of guns, and would do anything for money.

  Then it was Leventhal’s turn to question Luke. In response to his questions, Luke explained how he’d agreed to a few innocent meetings, and then Gabe and his wife had framed him. He requested permission to play the tape.

  “I’ll allow the witness,” the judge announced.

  “Here’s the proof,” Luke said, turning on his cell phone.

  “I want you to end it now.” The voice was harsh, raspy, but clearly Gabe’s.

  “Linda, your fucked-up plan is going to—” Gabe stood up, went to the back, and grabbed Linda’s hand. He pulled her to her feet. “We’re out of here.”

  “Gabriel Rose, stop now,” the judge instructed.

  Gabe sat down.

  The judge explained, “The allegation of solicitation for assault will be addressed. But first I’ll render my decision on the custody issue at hand.”

  Alex rubbed her wrist.

  The judge removed his glasses. “While Alexandra might have shown some indiscretions, I …”

  Alex tensed. The judge had to understand how she had tried to travel as far away from Gabriel Rose as possible, and Luke Jackson’s world had offered that distance.

  “… am going to rule on the proceedings and then report to the district attorney, explaining that I have what appears to be evidence of a crime. I’m seizing Mr. Jackson’s cell phone and will hold it for the district attorney’s review.” The judge turned to his computer and hit the keys.

  “The children?” Alex wrote on the pad and pushed the pad toward Leventhal.

  Leventhal wrote back, “Stay calm.”

  The judge ordered the attorneys to present their closing arguments. At the conclusion of the final arguments, he said, “There’s no evidence that Alexandra Rose intentionally harmed her child or would do so in the future.” Then he pointed to Gabe. “Dr. Gabriel Rose, I had decided not to give any weight to your alleged Medicare investigation, although, as we all know, if you were convicted, that would be a criminal charge.”

  Alex’s heart pounded.

  “However, conspiracy to commit murder has been alleged.” The judge folded his arms across his chest.

  Gabe put his head down.

  The judge looked from Alex to Gabe. “Considering the best interests of the children, I will make an order to return the children to their mother’s custody.”

  She turned to look at Luke. He brought his fingers to his lips, kissed them, and pointed to her. His eyes no longer had the glint of the hunter. Instead, he had the dull look of the defeated. Alex felt chilled. There was something eerily familiar about those eyes. She’d seen them many times before—on her mother whenever Alex would challenge her. Then she recalled the time the fat lady in the circus terrified her. They all had the same sad, scared eyes.

  The First Friday Book Club women rushed to Alex.

  “I knew you’d win,” Liz said and hugged her.

  Terrie kissed Alex’s cheek.

  “And moi?” Meredith said, pushing her way into the circle.

  Judi joined them. “Friends are like stars. You might not always see them, but they’re always there, twinkling at you.”

  Seth drew Alex into his arms.

  Linda’s sister walked into the courtroom with the boys.

  “What happened?” Daniel asked.

  “I’ll explain everything when we get home,” Alex said.

  “I thought we were going home with Dad,” Eric insisted.

  Alex scooped Jon into her arms and placed him securely on her left hip. Daniel put his arm around her waist. She pulled Eric to her. He tensed but didn’t pull away.

  Seth kissed Alex’s forehead.r />
  “Boys, let’s go home,” Alex said.

  “Will Honey be there?” Jon asked.

  “Doofus.” Eric shook his head. “Don’t you remember she ran out in front of a car and got killed?”

  Jon started to cry. “I don’t want Honey to be dead.”

  “I’m sure Mommy’ll get us a new dog,” Daniel said.

  “No,” Jon protested. “I don’t want a new dog. I need my Honey.”

  Alex kissed Jon’s cheek. “Sometimes we lose the ones we love the most.”

  EPILOGUE

  Six months later, as Alex was dressing for Meredith’s wedding, Eric walked into her room.

  “Why do I have to wear this tie?” he asked and handed it to Alex.

  “I’ll help,” she said. And as she leaned over to tie it, her hand brushed along his freshly shaven chin, the only part of his handsome face that now sprouted stray whiskers. “You smell wonderful.”

  “It’s the stuff you gave me for my birthday,” he said.

  She smiled at him. “And you insisted you’d never use it.”

  “I put it on me too,” Jon said as he ran into the room with Lucky, the black Labrador retriever, wagging her tail and sprinting in front of him.

  “You put on just a little too much cologne,” she said and delighted in how cute he looked in the little tuxedo jacket and short pants, an outfit Meredith picked out and decided was absolutely divine. The burns on his legs had healed with only two barely discernable scars which showed just below his knees.

  “I like the smell,” he said.

  “Oh, I think we have to wash some off.” Alex laughed.

  “But I need it on account of I’m the ‘ringbear’ at Merrybeth’s wedding,” Jon said.

  “Meredith’s wedding,” Alex corrected and grabbed Jon to give him a kiss.

  “Doofus, they’re supposed to see you, not smell you.” Eric patted Lucky’s head and went back to his room to get his jacket.

  “Mommy, are you dressed up like the most beautiful woman in the world?” Jon asked and tossed Lucky a toy.

  “I’m wearing a fancy dress for Meredith’s wedding, just like you guys are in your special clothes.” She stroked Lucky’s ears.