The crowds began assembling on the street outside of the building long before dawn. If this was to be the last act of the drama, supporters on both sides wanted to be able to say that they were there when the curtain came down. The various TV and newspaper reporters were interviewing the people behind the barricades.
Back at the fire station Tod met Jan, Wayne and Marilyn. They walked out to Tod's Suburban and drove the ten minutes to the law school. As they parked the car, they were met by a deputy who told them that the crowds were already so big that they were overflowing the ends of the barricades. He escorted them into the building. One last time, they walked between the barricades, game faces on, refusing to acknowledge the throngs on either side of the street.
Johnny Bob and Claudia came in separate vehicles and arrived about five minutes after their adversaries. They also walked, grim-faced, through the crowds with Claudia only pausing to shake the hands of two friends who were behind the pro-life barricades. She whispered to Johnny Bob, "You ain't gonna believe this. Our friend, Governor Vandenberg, is here, surrounded by a bunch of big guys with gadgets in their ears."
Johnny Bob glanced to the pro-life side, replying, "I can believe it. Where else is he gonna find this many cameras and reporters in one place." Then he laughed and said, "Just goes to show we're an equal opportunity trial. Both candidates feel free to drop in whenever they want their mugs on TV."
Several of the reporters were holding microphones in front of the presidential candidate as cameras rolled. One asked, "You're on the pro-life side of the street. Does that mean that you would encourage the jury to find in favor of Lucy Brady and Reverend Luther?"
Dressed in a blue suit, white shirt and a tie that looked like it was borrowed from Johnny Bob, power red in color, the candidate said, "Everyone in the country knows my stand about abortion. It certainly wouldn't be proper for me to suggest anything to the jury, although I understand that they are sequestered. I'm here to show my support for the young lady and Reverend Luther. As you know, Reverend Luther is a friend of mine and friends should be there for friends."
In her small office behind the bench, Judge O'Reilly visited with Deputy Sheriff Johnson. "So, did you ever think that we would make it this far without a mistrial?"
"Frankly, Judge, no, but here we are. I want to thank you for letting me be a part of this. I'll be telling my future law partners and grand kids about this for the rest of my life."
"Just the luck of the draw. Some other judge's number could have come up when Johnny Bob filed this, and we'd be back in my old courtroom, trying a fender-bender today instead of playing supporting roles in the biggest courtroom drama to come along in years."
"Now, Judge, I may qualify for a very small supporting role, but you've been the ringmaster in this circus. Without you, this show never would have gotten this far. If I may ask, what are your thoughts at this point?"
"Really only one," Judge O'Reilly replied. "Have I made all the right rulings? Will this son of a bitch stand up on appeal? Well, I suppose those are two, but closely connected. Enough talk. Go check to see if our jurors are here. If they are, let's get ready for the grand finale."
***
As he rose, Tod spoke the words that everyone had anticipated, "Your Honor, we will re-call T. J. Luther."
As T. J. took the stand, he put the Bible on the rail in front of the witness chair, then placed his hands on top of it. "I'm ready, Mr. Duncan."
Tod took a deep breath and launched what he hoped would be the cross-examination of his career. "Let's start, Reverend Luther, by refreshing the jury a little about your testimony of a couple of weeks ago. We know that you are a man of God and you will tell us nothing but the truth."
"I will, sir, so help me God. As a matter of fact, I just gave a sermon last Sunday where I discussed the Ten Commandments, including one forbidding the bearing of false witness, God's way of commanding that his followers must always tell the truth."
Johnny Bob grimaced behind a big hand that covered his mouth. Shit, he thought, I forgot to remind him again just to answer the questions and not volunteer anything, but it wouldn't have done any good. T. J. was on center stage in the last act of this drama and he was going to try to take control. Might as well just sit back and watch the fireworks.
"And you are a strong believer that abortion is a sin."
T. J. looked at the jury and replied, "Sir, I believe it's even much stronger than that. The other commandment that I discussed just last Sunday was 'Thou Shalt Not Kill'!" His voice rose on the last four words, almost as if he were behind his pulpit in Fort Worth rather than on the witness stand.
"We've established that this lawsuit against my clients and Population Planning was your brainchild."
"Yes, sir. I've readily conceded that."
"Your reason for doing that, Reverend Luther, was because you have the very strong belief that anyone who performs an abortion is a murderer and a baby killer."
"Mr. Duncan, I used those words only because I could not think of any stronger ones at the time."
Tod rose and walked a few steps to stand beside Dr. Moyo, placing his hand on his client's shoulder as he did so. "In fact, those were the words that you used to describe my client, Dr. Moyo, not just once but on several occasions from your pulpit in Fort Worth where those words were carried by television to the four corners of this world."
T. J. took that as a compliment and a self-satisfied smile covered his face as he answered. "Yes, Mr. Duncan, I have a world-wide ministry and I used those words to describe your client and Population Planning. In fact, I repeated those exact words from this witness stand two weeks ago. I have not changed my opinion."
Johnny Bob had a quizzical look on his face. All of this had been made very clear to the jury. There had to be a reason for re-hashing such testimony. However, his years of experience were not giving him a clue.
Tod continued. "As I understand it, you agree that such accusations would be defamatory, meaning they could certainly damage a person's reputation. Your defense is that they are true. Correct?"
"That is correct, Mr. Duncan."
"Now, you've also testified that it's not just the abortionist who is a murderer, but anyone who aids or assists in having an abortion performed is likewise to be cast in the very same light."
"Your memory is very good, Mr. Duncan. I said almost those exact words." T. J. leaned back in the witness chair, legs crossed and hands folded on his knee, a picture of relaxation and confidence. "Those who are found to have aided or assisted a woman in having an abortion and killing her baby are likewise murderers."
Tod paused momentarily to make sure that he had fully set the trap. "Reverend Luther, on this subject of bearing false witness, I suppose that if you were found to have borne false witness in this trial, you would tell the jury to disregard all of your words. To disregard all of your testimony for you would have been found to have been a liar, not subject to belief under oath or anywhere else."
"Again, sir, I think that I covered that two weeks ago. I'll go one step further and add that if I were to be found to bear false witness in this trial, I would recommend that the jury find against me."
Johnny Bob had laid traps for witnesses often enough to recognize one. He could only hope that T. J. was smart enough to avoid getting caught. What Johnny Bob didn't know was that Tod had just dug a trap big enough for an elephant.
"Reverend Luther, have you ever killed anyone, even in the days that you described when you lived on the dark side of life in Fort Worth before you were born-again?"
So that's where he's going, Johnny Bob thought. He's turned up some crime, maybe even murder that T. J. has hidden all these years. Johnny Bob rose to his feet. "Your Honor, I respectfully object. Whatever Reverend Luther did years ago and before be was born-again is hardly relevant to any issue in this case."
"Sustained."
Tod didn't care that the objection was sustained. He had just thrown that question out as a red herring to get T. J
. worried about what he might have on him from that era of his life. Tod switched gears.
"Reverend Luther, do you drive a new white Lincoln Continental?"
"Yes, sir. I do. In fact, a lady in Fort Worth whom I cured of lung cancer gave it to me."
The answer got Jessie's attention. If it was the same Lincoln she knew about, she had been with T. J. when he bought it from one of her late husband's dealerships. While she no longer owned the dealership, she was able to get the car for T. J. at the dealer's cost.
"Does that white Lincoln Continental have a license plate that reads 'Chosen 1'?"
"I believe it does, Mr. Duncan. My public relations people secured that license plate for me many years ago."
Having thrown out a couple of softballs, Tod started throwing strikes. "Reverend Luther, have you ever assisted any woman in any way to have an abortion? Let me clarify that. Let's make it since you awakened from your long sleep."
Now the cogwheels were spinning furiously in T. J.'s mind as he replied, "Of course not, Mr. Duncan. Absolutely not, ladies and gentlemen of the jury."
"Reverend Luther, are you familiar with a town called San Augustine?"
"I believe I've heard of it, sir," T. J. replied, his face suddenly feeling flushed.
"Not a very good question. Let me try again. Have you ever been to San Augustine, a small town up in East Texas along the Louisiana border?"
It was an innocuous question to everyone in the courtroom except T. J. Now Johnny Bob knew that he was about to witness a trap being sprung.
T. J. answered, "I…I think that I might have been there many years ago, early in my ministry when I was working small towns with the Jerry Abraham tent revivals."
"I mean more recently, sir. Like in the past couple of months?"
"No, sir. Not that I recall."
The jury looked puzzled.
"Oh, and, Reverend Luther, have you ever seen or met a Dr. Olstein from San Augustine?"
T. J. nervously ran his fingers through his hair as he tried to respond with a firm voice. "No, sir. Never heard of him." Turning to the judge, he asked, "Your Honor, I wonder if we might take a break at this time."
Judge O'Reilly was not about to break up Tod's cross-examination. Besides, she was as curious as everyone else in the courtroom about where these questions were leading. "Reverend, unless it's a real physical emergency, we need to move on."
"It is, Judge."
"Very well. The bailiff will escort you to the men's room. The rest of us will wait here until you return. The rest of you are welcome to stand and stretch. Don't go anywhere. Sheriff Johnson, please go with the witness."
T. J. didn't get what he wanted. He had hoped for a fifteen-minute break to confer with Johnny Bob about this whole line of questioning. Maybe he could have found some way to stop it. Judge O'Reilly had foiled that attempt. T. J. followed the bailiff out the door to the men's room where he washed his face and hands. In less than five minutes, T. J. returned to the witness stand.
"Feeling better now, Reverend?" Tod asked.
"I am, sir."
"All right, Reverend Luther, let me get to the bottom of this. Isn't it true that about five weeks ago you arranged for Lucy Baines Brady to go to San Augustine, Texas where she had another abortion, this time by one Dr. Wallace Olstein?"
Tod could have pitched a hand grenade in the courtroom and it would not have caused any more commotion. The people in the audience, forgetting that they were in a courtroom, were abuzz with conversation. Reporters openly talked into microphones and tape recorders. Johnny Bob glared at T. J., a frown covering his enormous face. Lucy looked down at her hands. Her parents and Aunt Jessie had blank looks on their faces.
At the judge's instructions, the bailiff yelled, "Order in the court!" It took him five times to restore silence in the auditorium.
Judge O'Reilly, using her most stern and judicial voice, said, "There will be no more outbursts like that. If it occurs again, I'll have the entire audience, including the media, removed. This will still be a public trial, only you will be watching it on television." There was an immediate hush among the spectators.
Suddenly, T. J. straightened up in his seat, turned to face the jury and said, "No, Mr. Duncan, I did not."
Murmurs filled the courtroom until the judge banged her gavel. Silence returned quickly. With the silence came a creaking of a door at the back of the courtroom. Jan looked around and whispered to Tod, "Santa Claus has just come to town."
Dr. Olstein had entered. Wayne was with him and directed him to stand at the back of the auditorium where T. J. could clearly see him. The two men stood there, arms folded, leaning against the back wall. With a very deliberate motion, Tod turned in his seat and stared at them. As he planned, the eyes of seven hundred spectators, thirteen jurors, three bailiffs, the parties, opposing counsel and the judge looked with him.
While Tod could not see behind T. J.'s glasses, he was sure T. J. had to recognize the big man with the flowing white beard.
Of course, T. J. saw the man in the back of the building. Trying to calm a racing heart, T. J. looked at Tod and said, "Perhaps I should explain something, Mr. Duncan."
"Perhaps you should explain a lot of things, Mr. Luther," Tod replied. If Johnny Bob could strip Dr. Bennett of her rightful title, then he could defrock T. J.
"After I was able to heal Lucy. To…uh…assist her with walking again, I became her counselor. She was seventeen at the time. She had no friends. She needed someone to confide in. I served as her counselor, her preacher and her mentor. She came to our Sunday night youth fellowships. We usually took that time for me to give her counseling. She was an emotionally distraught young lady. As I worked with her over the weeks and months, she began to come around. She was less withdrawn. A smile filled her face once in awhile. She even started talking about her desire to join the Miracle Singers. And it is correct, sir, that I encouraged her to file this lawsuit. While she deserved to be compensated for the damages she had sustained at the hands of these defendants, I also thought that it was important that this lawsuit be a means to bring closure to a very horrible part of her life."
T. J. looked at the jury and saw that he had their attention as he continued in a firm voice. Johnny Bob whispered to Claudia, "I don't know where this son of a bitch is going, but I don't think we're going to like it when we get to the end of the road. I'm fresh out of ideas. You got any?"
Claudia could only shake her head.
T. J. focused his attention on the jury, certain that he was putting on the performance of his life. Tod's supposition about the bearded man in the back of the courtroom was correct. T. J. recognized the doctor. On the other hand, T. J. figured Dr. Olstein did not recognize him. T. J. had stayed in the car with darkened windows on the night he drove Lucy from Fort Worth to San Augustine. Dr. Olstein was standing on the porch when they were leaving; he could not have seen who was driving.
"During the course of this lawsuit, because of the strength and force of my convictions, the judge incarcerated me in your jail here in Harris County."
Looking at Johnny Bob, he said, "Mr. Tisdale, I know that I was not supposed to tell the jury about that, but they need to hear the whole truth and Judge O'Reilly did put me in jail when I refused to answer deposition questions by Mr. Duncan."
"After I got out of jail, and by the way, after the White House called me to confer with the president, I returned to Fort Worth and received a call from Lucy. She told me that she, was, ah.., had, yes, had a relationship with a young man in my church and was pregnant again. She was around twenty weeks along. She asked for my help. She was distraught.
Lucy stared at T. J. in disbelief. As his words sank in her face flushed and tears welled up in her eyes. Her parents were suddenly sheet white as they looked to her for a reaction. Jessie glared at T. J. with a look that pierced straight through his dark glasses.
"Frankly, I thought she might commit suicide," he continued hanging his head. "I, ah, I made arrangements for he
r to have her pregnancy terminated and, ah.., yes, ah, arranged for the young man to drive her to San Augustine for the procedure. It was against everything that I stood for and believed in, but if Lucy was going to survive, I thought that it had to be done quickly and, obviously, out of the glare of public attention."
From behind Tod, there came a voice, quiet and then increasingly louder. "That's not true." Lucy was on her feet, pointing at T. J. "Liar. You liar! YOU made me do it!" Turning to the jury she cried, "He's lying. He made me do it."
Turning finally to her family, she sobbed and shouted. "I didn't want an abortion. I wanted that baby. He told me that if I didn't have an abortion, we would lose this lawsuit, and I had to have it done. He made me lie about it." She fell to the floor and buried her head in her mother's lap.
Pandemonium broke out. Over the uproar in the auditorium, the judge pounded her gavel. All four bailiffs yelled for order in the court. Johnny Bob and Claudia saw their lawsuit spinning out of control. Tod and Jan merely looked at their notes. In the back of the courtroom Wayne was smiling. On the witness stand, T. J. had turned as white as his linen suit.
As the judge restored order, Joanna wrapped her arms around her sobbing daughter. Judge O'Reilly said to her deputy. "Mr. Johnson, please escort Ms. Brady and her mother out of the courtroom until she is able to regain her composure. Mr. Brady and Ms. Woolsey, you're welcome to go with them if you desire."
So Help Me God Page 48