by Ed Nelson
“But if I understand what I have just learned I have to be careful about what group of lawyers I hire because if they are too large they will be working for their firm’s best interest and it may not coincide with mine, and as a corollary I have to watch out for bad apples as they can appear in any group.”
Dad laughed at that, “People often confuse lawyers and bad apples.”
“Is that because half of all lawyers are working against you?”
“Well that and some lawyers are bad apples, while others become politicians which is another conversation.”
“So what should I do?”
“First let’s see what our lawyers tell us, they will probably refer us to a group which specializes in this sort of case. They will appeal to a judge for an injunction, the judge will either allow the oral exams or not, if he or she allows them there will be conditions set. I predict the exams will be allowed as it is within the school boards prerogative to set the conditions of success for its students. Your lawyers will try to ensure the conditions are fair within the bounds of what you should have learned.”
“When will I be old enough to drink?”
“Not tonight, go to bed.”
Instead I went to the library and started the process of reviewing every text book and recommended book in my tenth grade curriculum. I couldn’t take the time to read any of it in depth. I would have to skim through it all, hoping to remember enough.
Just as I was falling asleep I remembered I hadn’t called Judy about the reception at the Argentine Consulate, I doubted if her parents would let her fly out but I had to give her the opportunity.
Chapter 47
Tuesday after my morning rituals I drove over to the country club. John Jacobs didn’t have anyone yet so he caddied for me. When I was on the golf course the rest of the world would go away. Today I really wanted it to go away.
After some warm up time on the driving range, then on the practice putting greens I went to the first tee. There weren’t many playing golf today so I was allowed to tee off by myself.
John and I spent our time walking down the fairways catching up. He was glad to see me back out here as the New Year and the US Open qualifications were coming up. I asked about his family and all was well. With my paying him and the extra he had been picking up by caddying here they were in the best shape they had ever been.
I told John that I wasn’t planning on a career in golf, so he should keep it in mind as he went forward. He told me not to worry as he could make a good living caddying right here. He had caddied enough to qualify as a fully registered caddy at this course and several corresponding clubs.
After talking about it we decided after the first of the year I should play a round at Pebble Beach and maybe Torrey Pines. He would go along and start to learn those courses. It sounded like fun.
By the time we had got to this point in our conversation we were ready to make the turn onto the back nine. A hot dog at the refreshment stand served as lunch. The back nine went smoother than the front nine. I couldn’t seem to miss the greens and the golf balls had eyes in them as they rolled into the hole.
Enjoying the day, I hadn’t kept track of the score. At the end it seemed as though I had tied my own course record. More importantly I had spent the morning without stressing out over school.
After thanking John and probably over tipping him I headed home. I was hoping that Dad had talked to his attorney’s and they had told him there was no way they could force me to take oral exams.
Well he had talked to them, it wasn’t good news. It appeared the school district had the right to do whatever they wanted in testing. After discussions with my parents the lawyers went to a Judge to see if an injunction could be granted. Since the school board had called Miss Sperry and told her I was to appear at Hollywood High at eight o’clock on Friday for my exams the injunction hearing was to be on Thursday at ten o’clock at the court house.
So the rest of the day was spent reviewing everything I had done since September. In the next two days I had to go through every text book, additional recommended reading and every paper I had written. The books and papers were all in the library, so I planned to live there the next two days.
The one thing I didn’t do was try to think of ways to get out of it. I just had to face the fact I was taking oral exams. I hadn’t any concerns as I had been going to the dentist for years. That poor joke showed how nervous I really was about the whole affair.
In the middle of the afternoon while I was studying, Mrs. Hernandez brought me coffee and a light snack. Her definition of a light snack was even better than mine so it was really welcome. As I took my break my brothers and sister checked in with me. They seemed to think I was going to face a firing squad.
When Mary tried to talk to me her voice was so scratchy that it was hard to understand her. I told her not to try to talk if it hurt as much as it sounded. She gave a peal of laughter and in a clear voice told me she could teach me how to talk like that so they wouldn’t test me. I hope she doesn’t turn to a life of crime.
I spent the rest of the afternoon going through my stack of books. I wasn’t trying to learn anything new, just refreshing what I had already studied. There was so much, I didn’t think I had a prayer, but I wasn’t going down without trying.
After dinner I called Judy. She thought it would be really neat to fly out for the reception, but she didn’t think her parents would agree and that she already had accepted an invitation to an all-girls sleepover. I did ask her why she had to specify all-girl. Did they have boy-girl sleepovers in Columbus? She told me I was dreaming.
She did ask her parents and I heard the resounding, “No,” that was given in reply. I didn’t understand why her parents wouldn’t let her skip a day of school and fly half way across the country to go to a formal dance for the fun of it? I would have fallen over if they had said yes, but by asking I got boyfriend points. I’m not completely dense.
I then went back to my books. This was the longest I had ever crammed for anything. Mum came into the library at midnight and sent me to bed.
The next morning I took a long workout. I didn’t go to exhaustion, but I was wide awake. It was then back to the books. Mrs. Hernandez served me lunch in the library. I worked for another two hours and then went for a two mile run to stretch my body and refresh my mind. It did help my body, I don’t know about my mind. At least I was wide awake.
It seemed like I had just got back into the books and it was dinner time. Dinner was very quiet at the Jackson house. Well that was until Mary started giggling, and giggling, and then giggling some more. I thought she had lost it and said so.
“Silly Rick, a little girl has to be cute in the ads, to be cute you have to giggle. I’m practicing.”
“It is a little annoying but don’t practice bawling your eyes out.”
Mum said dryly, “That was earlier while you were studying.”
“Hmm, has she tried to look demure yet?”
“Rick, what’s demure?”
“To be demure you look shy, bashful, and innocent at the same time.”
“Oh, that is my normal look.”
That set the table laughing. Of course that upset Mary and she started to tear up. I reached out and said I was sorry. Then she giggled and said, “Gotcha.”
Sororicide came to mind again. Maybe I will tickle her to death.
“When are you auditioning for a part in a movie?”
Mum kicked me under the table, but it was too late.
“Maybe I could audition for yours?”
“I don’t think there are any cute little girls in it.”
“Then you will have to write me a scene. I can be at the dance where you sing your song. I will tell you I love you and I’m going to marry you when I grow up. You will be nice about it, no promises, but to check back in twenty years. That will make your character even more likeable, so it is even more shocking when the audience finds out you are the killer.”
I did
n’t know what to say to that. First of all she was right, second of all who was this girl. Where did she get this idea? I don’t see how she would have even known enough about it to be able to come up with this. I saw Denny smirking across from me. I glared at him.
“You shouldn’t leave scripts lying around, I was reading it. Mary asked what it was. She wanted to know if there was a scene for her. There wasn’t, so Eddie, Mary and Mrs. Hernandez made one up. Well I helped too.”
“Mum and Dad, what is your opinion of Mary being in the movie? The scene actually could be made to work.”
Dad was very proactive. “Peg what do you think?”
Way to go Dad! Mum surprised us all.
“Talk to your producer and director, if they agree it is okay with me.”
“I will, you seem more agreeable to this than I thought you would.”
“Mary and I have an agreement, she is allowed to be in one movie or on advertisement this year and that is it.”
I thought for a moment.
“Mary you would make more money from an advertisement.”
“Yes, but I would get more exposure from a movie.”
“Where did you learn that?”
Mum answered, “Spend enough time waiting for your turn to audition and you learn a lot about the business.”
Mary added, “Mum you still haven’t explained what a ‘casting couch’ is.”
“I will when you are my age dear.”
Dad turned red in the face and left the table. I don’t know if he was going out to laugh or to get his rifle.
I retreated to the library even giving dessert a pass. There are some conversations to be avoided at all costs. I think Mary’s acting career may be on hold.
As can be guessed I spent the rest of the evening studying.
Chapter 48
I expended all sorts of energy during my workout, but still felt like I had a live electric wire inside me. Talk about nervous! Not too nervous to skimp on breakfast, but nervous.
For the event I wore a suit and tie. Neither of my parents had to tell me to, it just seemed like a good idea to look serious. We took the limo. I think it was more for all the boxes of books rather than us. We used a small handcart and placed it in the trunk to unload them on the other end.
Dad and I unloaded everything at the courthouse and took them up to the third floor courtroom using the elevator. Our corporate attorney was there to introduce us to another lawyer who worked on cases involving the school district. I found that interesting, the school district merited an attorney who specialized in challenging them.
Next came in Attorneys representing the Warner Brothers, and then another group from the school company along with Miss Sperry. Talk about interested groups, and they all were representing their employer’s interests. Of course they may be from a large firm which was really only interested in itself.
I sort of wished I still lived in my little world where things were black or white.
They huddled together and I was glad to see Dad’s attorney Mr. Hopkins take the lead.
Mr. Hopkins gave me the expected talk, look at him before answering any questions, if he nodded yes then answer that question only, and do it truthfully and in as short a manner as possible.
I noticed one of Dad’s newspaper reporters sitting in the back of the open courtroom. I wonder who tipped him off.
We had timed it closely, as we were no sooner settled and we were told, “All rise for the Presiding Judge, the Honorable Thomas Thornton.”
We all stood. The Judge was no nonsense getting right down to business. The Court Clerk read off the reason for the hearing.
The attorney for the school board was asked why they were there.
“Your Honor, the School Board of Los Angeles County is here to ensure that it is allowed to proceed as its right, to have Richard Jackson take oral examinations to demonstrate that he has the knowledge to graduate from the tenth grade.”
“Oral examinations, I thought High School only did written exams.”
“That is the normal practice Your Honor. However, questions have been raised about the young man having gained the knowledge.”
“Has he taken the written exams?”
“He has Your Honor. We are not convinced there weren’t irregularities in the exam process.”
I started to stand, but the lawyer on my left touched my shoulder to indicate I should sit still. He had assistance from the large guy on my right who held me down with a grip of iron. I wondered why he had joined us, I think I understand now.
“Your Honor, we have provided you a copy of the school board regulations and it is very clear on page 61, paragraphs three sub-section four that the board has the right to use various means of examination.”
“I have read that. What does Mr. Jackson’s counselor have to say?”
“Several things Your Honor, as almost a side note I will start with the quoted regulation, Within the text of the regulation it is apparent that this section is meant for subjective items like grading a piece of art, or gymnastics, we have been able to find no cases of the school board ever requiring oral exams previously for academic subjects.”
“The second and most important item is the accusation of impropriety on the examinations which Mr. Jackson has taken and passed. The examinations were unopened when handed to District employee Dr. Dixon, who administered the examinations. They were then graded in his presence.”
Turning to the District’s attorney the Judge asked, “Is this true?”
“Yes your Honor it is, but there is no way that this kid could have learned a year’s schooling in less than four months.”
“Objection on characterizing my client as a kid!”
“Objection upheld, please be professional in your references.”
I noticed two things, the Judge didn’t seem to be a fan of the School Boards attorney and that there would be no Sir Richard in this American courtroom.
“I apologize for not following the forms of the court, my contention still stands that Mr. Jackson couldn’t have acquired a years-worth of studies in less than four months.”
He didn’t apologize for calling me a kid; he apologized for not following the conventions of the court. I don’t think I’m a fan either.
“How would these oral examinations work?”
“A committee would put together a list of questions on his text books and its required and suggested readings. Each examination would be allowed the standard three hours of questions.”
“So fifteen hours of grilling on all materials covered?”
“Yes Your Honor.”
“Mr. Hopkins, your comments.”
“The opposition has just asked for a very open ended set of conditions.”
“In what way?”
“They have asked for an examination on all textbooks, required and suggested reading. May I show the court what this entails?”
“You may.”
“After reviewing the curriculum for the tenth grade here are the text books.” He pulled my five text books from the top of one of the eight boxes we had lugged in.
“After reviewing the course requirements we found that reading five books of English literature were required.”
He pulled out the five required books from English Lit.
After those ten books there are the suggested readings found at the end of most chapters. At that he and the assistant who had held me down unpacked 153 books and stacked them on the table.
“Your Honor, all of us went to High School. I suspect that all of us had suggested reading at the end of each chapter. I read none of them and still passed my tests well enough to graduate.”
The Judge was frowning as the books were being unloaded, his frown got deeper and deeper.
“I will now retire to my chambers to consider what has been presented. Court is adjourned for one hour.”
I felt elated, from what I had seen we had a won case. I expressed that thought to our group. Mr. Hopkins shook his
head. I’ve known Tom Thornton for a long time. He usually gives the benefit to those with written rules on their side.
We went downstairs to get some air. There was a coke machine there so I put in my dime and got a bottle. That is when I noticed that the entire bottle opener and the cap catcher had been removed. There I stood with a bottle I couldn’t open.
I got lucky. A policeman stopped and bought a bottle. He smiled at me and said, “The opener has been gone for a month, come with me.”
We went outside where his squad car was parked in front. We both placed our bottles with the caps on the lip of the bumper. Next we smacked down on the lid sharply with the palms of our hands. Works like a charm.
“Thanks officer.”
“Anytime kid.”
From him I would take calling me kid.
At the appointed time we all were back in our seats in time to rise once more.
“After reviewing what I have been presented, here is my judgement. The School Board has the right to give oral exams. Even though the regulations had examples that weren’t all academic they do not preclude them.”
I felt like I had been hit by a hammer. There was a stirring on the School Board side as though they felt victory.
“However, I have concerns. It hasn’t been demonstrated that there is any reason to think that irregularities occurred during the School Board exam. The Board appears to believe that it is impossible to learn faster than their lesson plan allows.”
“On top of that I do not appreciate the fact that a far beyond fair set of conditions were attempted. I also attended High School and never read any of the suggested books. Does the School Board of Los Angeles want to imply that I shouldn’t have graduated?”
The other attorney was up like a shot.
“Not at all Your Honor.”
“Glad to hear it.”
“Because of the above I’m setting the conditions of the oral examination to be given. First it will in this court room starting at nine a.m. tomorrow morning. It will last for three hours. The stated case for this examination is for the young man to demonstrate he has acquired the knowledge necessary. A sample of it rather than in-depth testing should suffice.”