***
In Houston, Dr. Moyo found Tod on his cell phone as Tod and his two sons were playing basketball in the driveway beside their house. "Yes, Zeke, I saw the spectacle this morning. I'm as shocked as you are."
"Tod, this is a catastrophe! This kind of thing will destroy my practice. I might as well pack up now and go back to Nigeria. None of my current patients know that I worked at that clinic. You've got to put a stop to this," he pleaded.
"Zeke, I'll do my best. I'll be on the phone to the court first thing in the morning. I've got to warn you, though, that we have a major problem in that this preacher isn't a party to the lawsuit. The judge really doesn't have any jurisdiction over him. I'll see what can be done."
***
Tod didn't have to call the court on Monday morning. By the time he arrived at his office there was a message from Judge O'Reilly's clerk, demanding that the lawyers in the Brady case be in her court at eight o'clock on Tuesday morning. No excuses would be accepted.
Three solemn lawyers stood before her as her wrath spilled over an otherwise empty courtroom. She normally kept her temper under control, but when it erupted, it was like a dormant volcano exploding. Nothing in its path was safe. "Counsel, I don't remember when I have been so mad as Sunday afternoon when my court reporter dropped off the tape of Reverend Luther's latest sermon. Mr. Tisdale, who is this Reverend Luther and what is his connection to this case? I presume that you know him."
Johnny Bob had to tread carefully. He couldn't tell what he knew. At the same time, he had to be truthful with the court. "Judge, he's a preacher up in Fort Worth."
"Mr. Tisdale," interrupted the Judge, "I know that. Don't waste my time. Answer my question."
"Sorry, Your Honor. He's a friend of the family. My clients are members of his church and he's very much interested in Lucy's welfare. I certainly agree that he has, perhaps, let his personal feelings for Lucy get carried away."
"That's probably the understatement of the year, Mr. Tisdale. He's not a party to this lawsuit and I've never had this situation come up in all my years as a district judge. I presume that you have had some contact with him. I'm going to give you the benefit of the doubt that you have not encouraged such outrageous conduct. I want you to contact him and advise him that I'm more than just a little upset. If this continues, I'll find some way to haul him into my court, and I'll figure out a way to sanction him. Do I make myself clear?"
"Yes, ma'am," Johnny Bob responded meekly, knowing this certainly was not an opportune time to take issue with the judge. "Please understand, Your Honor, that I can only talk to Reverend Luther and relay the court's comments. I have no control over him."
Up to this time, Tod and Jan had remained silent. As good trial lawyers, they knew when to keep their mouths shut, and one of those times was when the other side was getting a judicial chewing-out.
Tod interrupted, "Your Honor, if I may have just a word. I think that the court needs to understand that if this conduct continues, it will be impossible for my client or the clinic to get a fair trial anywhere in this country."
"I understand your position, Mr. Duncan. Impossible may be too strong a word. I've tried too many cases where the media circled the courthouse like flies around honey. However, I hear what you are saying. We'll just have to rely on Mr. Tisdale to convey the message and hope that Reverend Luther follows the directions of the court. You are all excused. Have a good day."
The only other person in the courtroom that day occupied the back bench, taking notes as the judge and the lawyers spoke. It was the courthouse reporter for the Houston Chronicle. Afterward, he filed a short story that appeared the next day on one of the back pages of the Chronicle. It described the basic facts of the lawsuit, the judge's anger and her instructions. It was the first news coverage of the case.
Johnny Bob grabbed his cell phone as soon as he hit I-45 north of Houston. "T. J., you're getting us in a mess of trouble. I just left Judge O'Reilly and she's madder than a whole nest full of hornets. You've got to cut out this crap about the defendants being murderers and killers. You hear me?"
"I hear you loud and clear, Mr. Tisdale," Reverend Luther replied, "and I appreciate you conveying the message from the judge. What you don't understand is that I only take orders from my Father, not any man or any woman. It is His wish that I continue my attacks on abortion clinics and the murderers who perform abortions."
Frustrated, Johnny Bob yelled into the cell phone, "Goddammit, T. J. I've warned you! That's all I can do. Keep it up and there may be hell to pay."
Not wanting to hear a reply, he clicked the button on the phone and ended the conversation as he cussed T. J. all the way back to Palestine.
Back in Houston, Tod called Dr. Moyo. "Zeke, the judge has warned this two-bit Fort Worth preacher and that's all that can be done."
"But, Tod, it's too late; twenty-three patients have already cancelled."
On Sunday, T. J. ignored the judge and his lawyer, cranking it up a couple of notches, particularly when he saw his television ratings were up twelve percent. He called out the names of his enemies, Population Planning and Dr. Moyo. This time he concluded with a prayer for "our forces" to triumph in the Brady lawsuit and in the fight against abortion.
For Tod and Dr. Moyo it was the last straw. On Monday Tod issued a notice to take the deposition of Thomas Jeremiah Luther, a.k.a. The Chosen, on the following Friday in Fort Worth. Tod had to get to the bottom of Luther's involvement, and the best place to start was to put him under oath. Johnny Bob immediately filed a motion to quash the deposition and asked for an emergency hearing on Thursday morning.
"Your Honor," began Johnny Bob, "this deposition is totally uncalled for. This is a malpractice case. The deposition of Reverend Luther cannot possibly lead to anything relevant to this lawsuit. He wasn't even in the picture when most of the events occurred. We haven't even begun the depositions of the real witnesses in the case."
"Your response, Mr. Duncan?"
"Yes, Your Honor. I'll be brief. I could argue that he is a material witness since he clearly has knowledge of young Ms. Brady's physical condition. He even claims to have healed her. However, I don't want to mislead the court. He has publicly intervened in our proceeding here in Houston for some reason that's unclear to me. He talks about 'our forces' without naming them. He has defamed my client and Population Planning. You will note that I have also designated this notice as one to investigate a claim. Frankly, I want to get to the bottom of his interest in our lawsuit."
Janice Akers chimed in, "Your Honor, Population Planning joins in Mr. Duncan's motion and his argument."
"I assumed you would, Ms. Akers," the judge replied. "Here's my ruling. I'm going to let you have your deposition, including videotaping it, Mr. Duncan. I'm not going to limit your questioning. However, I recognize that this is most unusual and I can see that Mr. Tisdale could raise a number of objections at the deposition. So, I'm going to make myself available by telephone here in the courtroom. If you have an objection or another matter to take up with the court, give me a call and we'll try to resolve it on the spot. Maybe that will save you a few trips back and forth to Fort Worth. Any questions?"
Once again, the Chronicle reporter was in the back of the courtroom. This time he filed a very small story that was used as filler in the metropolitan section of the next edition. Only two column inches, the Associated Press picked it up. The small story caught the eye of several editors around the country who calendared the deposition for follow-up. The Chosen was a national figure whose deposition might be newsworthy.
CHAPTER 44
When Tod got back to his office, he found Zeke Moyo waiting for him, dressed in jeans and a golf shirt. Tod had never seen him look so solemn. He almost expected the doctor to break out in tears.
"Come on up to my office, Zeke."
When they were seated at the table overlooking the garden, Tod waited until Dr. Moyo spoke.
"Tod, I don't know what to do. All of my patients
canceled again today. I've only got two appointments left for tomorrow. Half of my patients have requested that their records be transferred to another doctor. At this rate, I won't be able to feed my family or pay my rent. What am I to do?"
Tod had grown to like his client. In the back of his mind a plan was brewing. It grew from Jan's comment about the pro-life forces using the courthouse as part of their battle plan. But he had to develop the facts to implement his plan and he didn't want to give his client false hope. "Zeke, I have an idea that I prefer not to discuss until I have some facts to support it. I'll be taking that two-bit preacher's deposition tomorrow and maybe we'll get to the bottom of this. Can you find other work? Although it could impact on our lawsuit, you could go back to doing abortions."
"No, sir! That's what got me into this predicament. I am applying to do some emergency room work. It doesn't pay much. If I can put in a lot of hours, I hope that I can pay my rent and keep food on the table. I've already cut my staff down to one nurse, and I'm worried that she'll be looking for another job soon."
"Zeke, I know that it's not much consolation. All I can tell you to do now is tough it out. I'll give you a call after the deposition in Fort Worth tomorrow."
***
At ten o'clock on Friday morning, the deposition began at a court reporter's office in downtown Fort Worth. Johnny Bob introduced everyone. "Reverend Luther, this is Tod Duncan, the lawyer for Dr. Moyo, and this is Janice Akers, the lawyer for Population Planning."
"Johnny Bob, are you representing Reverend Luther in this proceeding?" inquired Tod.
Before Tisdale could answer, T. J. interjected, "Counsel, it's not necessary for me to have an attorney for this proceeding. I can handle myself quite well, thank you."
"He's right, Tod, at least about the part of not having a lawyer. I suggested that it would be best for him to have one and he declined. So, we're ready to go."
The court reporter confirmed that everyone was ready, then turned to the witness and spoke, "Reverend Luther, would you raise your right hand? Do you solemnly swear to tell the truth, the whole truth and nothing but the truth, so help you God?"
T. J. looked at the reporter and the lawyers for a moment before replying, "I do."
Tod started the questioning. "Reverend Luther, do you understand that you have just taken an oath to tell us the truth today?"
"I do. But the oath is unnecessary. I always speak the truth."
"Do you know a young lady named Lucy Baines Brady?"
"With respect, sir, I must advise you that I will answer none of your questions. I answer only to my Father, not to you or to your judge."
Tod looked at Jan. Jan looked at Johnny Bob. Johnny Bob just shook his head. Tod tried once more, "Sir, can you tell us who are the forces for whom you were speaking when you preached last Sunday morning?"
"Again, sir, I will answer questions only from my Father."
"Are you saying that no matter what questions that I ask, that will be your answer?"
"That is correct, sir."
Tod turned to Johnny Bob, "This is not exactly the kind of thing that I suspect the judge had in mind when she said she would be available, but I suppose we might as well put in a call and get her advice."
"I agree," Johnny Bob nodded.
Shortly, Judge O'Reilly said, "My goodness, counsel, you couldn't have been going more than fifteen minutes. You mean to tell me that you already have questions that are objectionable, or at least Mr. Tisdale thinks they are objectionable?"
"No, Ma'am. Not exactly," Tod said as he proceeded to outline the events that had led to calling the judge.
"Mr. Tisdale, did Mr. Duncan describe the events accurately?"
"Yes. Ma'am. I'm afraid he did."
There was a pause on the other end of the phone as Judge O'Reilly considered her options. After all, this was not some average Joe Citizen being deposed. Whatever she did was likely to hit the media, but she had ordered the deposition, and she damn well expected her orders to be carried out, no matter who the witness was. Even President Clinton had to sit for a deposition. She made up her mind. "Reverend Luther, can you hear me okay?"
"Yes, Judge. Your voice is coming through quite well."
"Very good, then. I want to make sure you understand what I am saying. Reverend Luther, I am ordering you to answer the questions in this deposition. You have no more nor fewer rights under our system than any other citizen of this state. Our rules do not permit a witness to decide whether or not to answer questions. If you do not answer Mr. Duncan's questions, then I will entertain a motion to have you held in contempt. That means you may be fined or potentially jailed until you are willing to answer questions. The latter is a harsh remedy that I have never had to invoke in more than twenty years on the bench, but I've never had a witness who refused to answer the most basic of questions. If you are jailed, you will stay there until you change your mind or until the trial. Have I made myself clear?"
"I understand, Your Honor, but I do not answer to you or any person on this earth. I answer only to my Father."
"So be it. Counsel, do whatever you think best."
Tod disconnected the call and turned to T. J. "Reverend Luther, on the record one more time, I want to confirm that you understood the judge. Further, you understand that if you continue to refuse to answer my questions, I will be filing a motion to hold you in contempt of court. Are you still refusing to answer any of my questions?"
T. J. looked into the camera and replied, "I understood the judge and I understand you, Mr. Duncan. I have nothing more to say."
The deposition ended. T. J. went back to his penthouse. The lawyers returned to their respective offices to contemplate their next moves. At the conclusion of the deposition, the Chronicle reporter called the court reporter for an account of the proceeding. On Saturday morning, the story of the preacher who would answer only to his Father made the front page of the Metropolitan section. This time the story described The Chosen, the history of his long sleep followed by his awakening, and the Brady lawsuit. It ended with a comment the reporter had gotten from Tod who said he would be filing a motion to hold The Chosen in contempt. When the Associated Press picked up the story, it made headlines across the country. CNN mentioned it on the evening news. T. J. wanted publicity and he knew how to get it.
***
On the way back to Palestine, Johnny Bob was in a bad mood. Each lawsuit had a life of its own. It ebbed and flowed like the tide. When a lawyer was on the crest of a wave, he rode it for as long as possible, knowing full well that eventually he would end up in the trough with the wave pounding over his head until the next crest came along. Such highs and lows were expected by seasoned trial lawyers. Yet, he couldn't recall ever having a case with a problem this big almost before it was underway. T. J.'s rantings had the distinct prospect of torpedoing Lucy's entire lawsuit. There was now no doubt that T. J. had an agenda different from his. Johnny Bob had not anticipated just how different.
The big lawyer parked his truck in front of the bank building and climbed the stairs to his office, feeling his age for the first time while thinking that maybe it was time to build an office that did not require climbing to the third floor. As he entered the front door, a visitor, a tall black woman in her mid-thirties, greeted him. She had short black hair and an almost perfect face framed with gold, loop earrings. She accented her black dress with a solid gold necklace. A gold figure of a small child hung from the necklace. Three-inch heels accentuated her natural height. She rose as he entered.
Johnny Bob looked her over before speaking, "I'm sorry, I didn't realize I had an appointment with a new client. Please forgive me, Ms…?"
"Well, first of all. Mr. Tisdale, I'm not a new client. My name is Claudia St. John Jackson. I'm an abortionist's worst enemy and I'm here to help you."
"Very kind of you to offer, Ms. St. John Jackson. If you're talking about the Brady case, first, I'm surprised you even know about it, and second, we have several lawyers here. I'm n
ot looking to hire another one."
"I understand what you're saying. Hear me out. Do you mind if we go into your office?"
"Of course not. Please forgive my lack of manners. Can I get you some coffee or a Coke or water?"
"Water will be just fine, bottled if you have it."
They entered Johnny Bob's office and sat at the coffee table, Johnny Bob in the big easy chair and Claudia on the old leather couch. Sara, his secretary for fifteen years, brought coffee and bottled water.
After she poured her water, Claudia began. "Let me explain. My last name is Jackson. The St. John part wasn't given to me by my parents. I just thought it had a nice professional touch, so I added it when I graduated from law school."
Johnny Bob smiled, thinking back to his becoming J. Robert instead of Johnny Bob.
"I grew up in the Midwest, the daughter of a Baptist preacher and a school teacher. I went to Stanford on scholarship where I graduated with honors and made Phi Beta Kappa. From there I was accepted at Harvard, not because of the color of my skin but because I earned admission. I wrote for the Harvard Law Review and made Order of the Coif. I had more job offers than I could count but returned to the Midwest to work for the Midwest Pro-Life Legal Defense Fund. You don't find many blacks who take up abortion as their life cause. Not only is my father strongly anti-abortion, but it goes even farther. I had an older sister who died at the hands of an abortionist when I was in high school. I've been practicing law for ten years. I know every appellate case in the country, state or federal, that touches on abortion, and I've been involved in fifteen abortion cases in the past five years. Besides, you've got a black defendant, and pardon the expression, you look like an East Texas redneck. You need some balance on your team. Now, how did the deposition go this morning? I presume that Reverend Luther took the holy Fifth Amendment, or something of that sort."
The last comment took Johnny Bob by surprise. It had only been two hours since he left Fort Worth, hardly enough time for word about the deposition to make its way to Palestine. "I gotta admit, Claudia, if I may call you that, now you really have me stumped. I'm impressed with your credentials, but I damn sure would like to know how you learned what happened in Fort Worth this morning."
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