Just Destiny

by Theresa Rizzo

  “No more questions.”

  Jenny’s mom left the witness box and sat between her father and Alex. Alex put an arm around Mom’s shoulders and squeezed in support. Jenny smiled encouragingly at her. Having her mess with Michael rehashed in public was a little embarrassing, but Jenny’d come to terms with her mistake long ago. Having to say anything that might hurt her chances in the trial visibly upset her mother, and Jenny’s heart went out to her.

  Chapter 20

  Alex looked relaxed and defiant as she raised her chin at Ms. Blair’s first question. Jenny hoped that Alex’s natural chattiness wouldn’t land her in trouble, like the time at the hospital when she’d tried to console George and let slip that Gabe would have wanted her to have his baby. Helen had spent hours preparing Alex for this testimony, but under stress and in her desire to help, Alex could easily say the wrong thing.

  “Ms. Harrison, were you sixteen when your father married the then twenty-six-year-old defendant?”

  “Almost seventeen,” Alex corrected.

  “Is Jenny a good stepmother?”

  “That depends upon what you mean by good. She’s more of a friend than a stepmom.”

  “What do you mean?”

  “At first I thought it was kind of weird—their getting married. I mean, my friends used to joke about my dad being hot, but he’s so old and Jenny’s so pretty and so much younger. I just didn’t get it.”

  “You weren’t embarrassed or humiliated by her?”

  She held her breath, hoping Alex wouldn’t bring up her jealousy at her graduation party when the guy Alex had a crush on asked Jenny to dance.

  “No.” Alex frowned, puzzled. “Why would I be?”

  Ms. Blair gave Alex a sharp look, but ignored the impertinent question. Briefly referring to her notes, she approached Alex and began speaking tentatively as if choosing her words carefully. “It sounds like your relationship was a combination friend/stepmom…did you ever see, or hear, Jenny do, or say, anything that caused you to wonder about her capabilities as a stepmother?”

  “Objection, opinion,” Helen spouted.

  “It does call for opinion testimony,” Judge Delaney agreed. “But in this case, because I’m called upon to assess the defendant’s capabilities as a mother, I’ll allow some latitude.” He turned to Alex. “Please answer the question.”

  Alex’s head swiveled between the attorney and the judge as she followed the exchange. “No. Jenny never acted strangely or inappropriately.”

  “Did she ever discipline you?”

  “She never grounded me, if that’s what you’re getting at.”

  “What about signing permission slips for school or giving you permission for things requiring a parent’s signature?”

  “No. My mom, stepdad, or dad always did that stuff.”

  “Take you to the doctor’s, dentist or orthodontist?”

  Alex raised an eyebrow and gave the attorney a superior, you’re-stupid look. She’d had her driver’s license the whole of their marriage—which she apparently thought that Ms. Blair should have known, if she’d done her homework. “I drove myself.”

  She walked closer. “Did you share confidences? Did she ever offer you advice?”

  Alex’s smile waned, seemingly along with her confidence, to be replaced by an almost palpable wariness. “Yeah.”

  The attorney, sensing she was onto something at last, calmed. She stopped pacing and watched Alex closely. A predatory gleam narrowed her eyes. “What advice did she give you?”

  “To put my mom, dad, stepdad, and Jenny’s cell numbers at the top of my speed dial list—for emergencies.”

  Ms. Blair’s jaw clenched. “Anything else?” she snapped. “If you and Jenny were friends, surely you must have talked about boys? Dating?”

  Alex’s mouth tightened. She looked to Helen in a silent plea, not wanting to answer the question. Helen gave her an encouraging nod.

  “Just once. When I wanted to go on this camping trip my junior year.”

  “What did you talk about?”

  “My mom didn’t want me to go because she hated my boyfriend, so I went to Dad for permission.”

  “Was the fact that your mom didn’t like your boyfriend the only reason she didn’t want you to go?”

  “Objection.” Helen stood. “Your Honor, I don’t see the relevancy here.”

  “Mrs. Harrison’s relationship with her stepdaughter bears on how well she’d raise her own child,” Ms. Blair claimed.

  “Be brief, counselor. I’m tiring of this line of questioning. Objection overruled,” he declared.

  “Ms. Harrison. What were your mother’s other objections to your proposed camping trip?”

  Alex shifted in her seat and avoided the attorney’s gaze. “She was worried we’d spend the weekend having sex.”

  Ms. Blair’s expression lightened, looking interested. “And did you tell your stepmother this?”

  “Yes.”

  “And what was her response?”

  Alex glanced at her. Jenny smiled encouragingly.

  “She asked me if I was sexually active.”

  “And?”

  And what? Was she asking Alex if she was indeed sexually active? Jenny looked at Helen, amazed she wasn’t protesting. In fact, she could have sworn she even saw Helen wink at Alex. What was she thinking? This was no game; this was her life.

  Alex smiled at Jenny, a familiar impudent grin. “I asked her if she’d had sex with my dad before they married.”

  Ms. Blair raised her eyebrows, following Alex’s gaze to Jenny. “What was her response?”

  Uncomfortable with the turn the questioning had taken, Jenny wanted to squirm, but with everybody watching her, she refused to give them the satisfaction. Her and Gabe’s sex life was none of their business.

  Alex smirked at the attorney. “Basically she told me it was none of my business. She said if I was smart, I’d get on the pill and use a condom so I wouldn’t end up pregnant.”

  “So she told you it was okay for you, a high school junior, to have sex?”

  “No. She told me if I chose to do it, to use birth control because a baby would wreck my life.”

  “Having a baby would wreck a woman’s life?”

  “No,” Alex glowered at the attorney who seemed bent on misinterpreting her words. “My having an unplanned baby at my age and place in life would wreck my life.”

  Seeing that she couldn’t trick Alex into saying anything else incriminating, Ms. Blair changed her line of questioning. “Ms. Harrison, did you ever hear your father or stepmother mention that they were trying to conceive a baby? Before your father’s accident,” she amended.

  Alex shook her head. “No.”

  “Did you know Jenny was pregnant before she miscarried?”

  “No.”

  “Did they ever talk about starting their own family?”

  “No.”

  “Did you ever hear your stepmother say she didn’t want to have children?”

  “Never.”

  “Did you ever hear her say that she did want to have children?”

  “No,” Alex conceded.

  “Have you ever seen your stepmother with young children?”

  “Yes.” Alex smile in triumph, pleased with the opportunity to say something good about Jenny. “She babysat my friend’s baby.”

  “And how did she behave with the child?”

  Alex frowned. “Fine.”

  “Did she seem to know what to do?”

  Alex gave her another impatient look. “Well, she didn’t drop him.”

  “Was she awkward with the baby?”

  “Not at all. Jenny was a natural with him.”

  “No more questions.”

  Jenny shifted in her chair, wishing Alex hadn’t stretched the truth so much. She hadn’t been totally comfortable with baby Adam. She hadn’t been inept, just a little nervous.

  Helen looked up from her drawing and rolled the pen between her hands. “Alex, did you ever hear
you father and stepmother seriously argue?” she asked, matter-of-factly.

  “No. They were great together.”

  “No more questions.”

  The judge dismissed Alex.

  Ted’s testimony was understandably brief since he’d started college the year Jenny and Gabe had married. Jenny hadn’t had nearly the contact with him that she’d had with Alex. In fact, Jenny wondered why the plaintiff even had him testify at all. The judge looked bored and eagerly dismissed Ted when Helen finished her cross.

  “We’ll break for lunch now. Court will resume at one o’clock.” The judge pounded the gavel and they all rose as he left the room in a swirl of black robes.

  Jenny grabbed Steve’s sleeve, excused them and pulled him to the side at the front of the room. “What’re you doing? How come you’re listed as my attorney?”

  He had to bend his head close to hear her clipped whispers. Steve straightened, looking over her head thoughtfully. “It’s good strategy.”

  “But you still don’t agree that I should have the baby?”

  He slowly shook his head. “No.”

  She folded her arms across her chest. “Why didn’t you tell me?”

  “You’d find out soon enough.”

  “I had a right to know.”

  “Now you know.”

  “But why? I don’t understand.”

  He looked away, reluctant to explain. “It’s just better this way.”

  “What if we lose? You said this is a tough case. We could lose. You hate to lose.”

  He shrugged. “I’ll live.”

  “Your boss won’t like your name linked to this case.”

  “The firm’s not listed, just me.”

  “But this could cost you your job,” Jenny insisted. “The reputation you’ve worked so hard for.”

  “Don’t worry about it.” He took her arm and tried to turn her. “Let’s get some lunch.”

  It just didn’t make sense. Jenny stood firm, pursing her lips stubbornly. “Why’d you do it?”

  Steve sighed, looking annoyed. He abruptly sat against the table so that they were at the same eyelevel. Pulling her close until their faces were mere inches away, Steve raised his eyebrows and spoke slowly. “If I’m listed as your counsel, the plaintiff cannot subpoena me to testify against you.”

  He watched her carefully as if waiting for her to get some secret meaning.

  She frowned. “Why would you testify?”

  He stood and turned so that his body blocked the curious press milling around them. “Jenny, we’ve been friends for years. I live next door and would have heard any arguments you two may have had. It’s natural that they would question me about your relationship. And once I was under oath, they’d be able to ask me all kinds of questions I don’t want to answer.” He raised his eyebrows and stared at her hard. “Understand?”

  Jenny’s hand covered her mouth as comprehension set in. Under oath they could ask Steve about his relationship with her and he’d be forced to tell the truth.

  “Oh my God. If they found out about that night I spent with you—even though we really didn’t—” she whispered, feeling faint.

  “Not to mention the times you confided in me that you didn’t want to have children. And why.” Steve murmured and gave her another meaningful look.

  Oh, boy. Under oath, he might have been forced to reveal her family’s secret. She’d lose her case for sure if they knew about Michael. And she didn’t even want to contemplate the damage to her brother—especially should he learn the truth under those circumstances. She felt Steve’s attention as the full horrifying force of his implications hit her.

  “But that can’t happen,” Steve said, gently. “I’m your counsel and they can’t ask me to testify against you.”

  Tears filled her eyes at the magnitude of his sacrifice. Steve was risking his job and his reputation on a case he didn’t even believe in, just to protect her. “I don’t know what to say. Thank you is so inadequate.”

  “There’s nothing to say. Everything’s fine.” Steve leaned over and took the tissue Helen held out to him and handed it to her. “Alex and your mom did great. Now paste a happy smile on your face and let’s go to lunch.”

  “I don’t think I can eat,” she mumbled.

  “You can and you will.” With a hand firmly at her back, Steve moved her to the waiting family.

  After lunch, Jenny’s parents stayed for support. Alex and Ted, having just finished final exams and the move back home, had to unpack and get to their summer jobs, so they left and Judith replaced them. Sliding into the seat next to her parents, Judith quizzed them about the morning’s testimony.

  The judge returned and called the court to order. The plaintiff called the paramedic to detail Gabe’s injuries and testify that he’d never regained consciousness. Then she asked the young emergency room resident similar questions before calling Dr. Collins, the neurologist, to the stand.

  Ms. Blair asked the neurologist the same questions as the previous two witnesses before asking about Gabe’s treatment. “So Dr. Collins, could you please explain to the court exactly what constitutes brain death in the state of Michigan.”

  Resting her elbows on the arms of her chair, she lightly laced her fingers and crossed her legs, as if totally at ease in the courtroom. “According to the State of Michigan Determination of Death Law, a person is considered dead if two physicians declare that, based on ordinary standards of medical practice, there is an irreversible cessation of the spontaneous respiratory and circulatory functions.”

  “What ordinary standards of medical practice are used to determine this?”

  “The patient must be in a deep coma without any response to internal or external stimuli. Respiratory movements and spontaneous limb movements must be absent. We then confirm the clinical assessment with two EEGs to verify the loss of cerebral cortical function,” she recounted the procedure in a professional, unemotional voice.

  “When did Dr. Harrison meet these criteria?”

  “We performed the first EEG in the ER and then we did a second one approximately eight hours later. At Mrs. Harrison’s request, we did a third one twelve hours later, with exactly the same results. On Dr. Harrison, we also did a formal four-vessel cerebral angiography to confirm complete cessation of circulation to his brain.”

  “And then?”

  “Then Mrs. Harrison asked Dr. Stanley, St. Francis’s head of neurology, to consult. His exam substantiated our findings that Dr. Harrison’s condition was irreversible. At that time, Dr. Harrison was declared legally dead. He was left on the ventilator until Mrs. Harrison could be approached about donating his organs.”

  “You stated that Dr. Harrison never regained consciousness, therefore he was unable to consent or object, to the recovery of his sperm, correct?”

  “Obviously that’s right.”

  “And Dr. Collins, this might sound obvious, but when Dr. Harrison is brain dead, he is completely at another’s mercy, correct?”

  “Of course.”

  “He was incapable of making any decision, incapable of protecting himself. He was completely helpless. Correct?”

  “As helpless as a dead person can be,” she agreed equitably, obviously considering the attorney’s repeated questions silly. “His body, his organs, were only kept functioning because we were notified that he was a potential organ donor.”

  “But in his condition, he was utterly helpless. Correct?”

  Helen’s head came up and her hand stilled over the drawing. She turned her attention to the proceedings. “Judge, asked and answered.”

  “Point made, counselor. Move on,” the judge instructed.

  “In your fifteen years in practice, approximately how many people have you declared brain dead?”

  Dr. Collins looked almost bored, as if she thought this whole procedure a waste of her time. “I can’t be sure. Maybe twenty-five to fifty.”

  “And of those twenty-five to fifty, how many spouses have requested
the deceased’s sperm or ova be recovered?”

  “One.”

  “For Dr. Harrison?”

  “Yes.”

  “So would you say that this was a highly unusual request?”

  “Yes, but—”

  “The constitution guarantees everyone the right of procreational choice and the right to privacy. Don’t you consider taking Dr. Harrison’s sperm, in his condition, an invasion of his privacy?”

  “Objection. You can’t invade the privacy of a dead person,” Helen observed.

  “But if that person is still breathing and his bodily organs are functioning, he’s not dead in the true meaning of the word,” the attorney pointed out.

  “Your witness just testified that he was dead. Dead is dead,” Helen argued.

  “Brain dead. She testified that he was brain dead, not dead.”

  Helen slapped down her pen, reached in her briefcase and withdrew a beat-up old red and blue paperback dictionary. “Webster defines ‘dead’ as no longer living, without life, lacking feeling, emotion, or sensitivity, being unresponsive, not having the capacity to live, devoid of human activity and no longer productive.” She slammed the dictionary closed. “I’d say Dr. Harrison met most of the criteria for being dead. So nobody could have invaded his rights because dead people have no rights.”

  “Enough.” Judge Delaney glared at both attorneys before centering his attention on Helen. “Ms. Johnson, you are not the witness; stop testifying. I will not tolerate any bickering in my court. You are both to address me only. Now, this argument goes to the ultimate issue in the case and I’d like to hear what the witness has to say. Objection overruled.”

  Ms. Blair turned back to the doctor. “Wouldn’t you say recovering his sperm was an invasion of his privacy?”

  “No more so than recovering his other organs.” Spoken like a true scientist.

  “No more questions,” Ms. Blair said.

  Helen passed up her opportunity to cross-examine the witness, having nothing to refute. Gabe had been at their mercy, and if a dead person still has rights, then it could be argued that his had been violated.