Bo joined his wife and daughter as they left the courtroom. Jessie could feel her blood boiling as she continued to stare at T. J. "No, thank you, Judge. I'll stay. I want to hear the rest of this."
Silence instantly blanketed the huge auditorium.
"Mr. Luther, let me see if we can't move this along," Tod continued. "Isn't the whole truth that you were looking for a place for Lucy to have an abortion as far away from Fort Worth as you could find?"
"Yes, sir. I thought it was important for Lucy's sake."
"You found Dr. Olstein who had been doing abortions in deep East Texas for nearly fifty years, even before the Supreme Court said they were legal?"
In a quiet and humble voice, T. J. replied, "Yes, sir."
"You wrote a check to Dr. Olstein on your private account for five thousand dollars to do the abortion at eight o'clock on a Sunday night?"
"We had to have it done in a hurry, sir. The hour of the evening was just how long it took for the, ah, for the young man to get Lucy to San Augustine."
Tod took the opportunity to glance at the jury. They were stunned. They had front row seats at the best soap opera in town. Several jurors were leaning back with arms folded, their body language making it clear that after three weeks of trial, they finally saw the real T. J. Luther. Finally, Tod thought, some of them were beginning to see this man as the snake oil salesman he was rather than the persona of God's man on earth that he had so carefully crafted. He tossed another hand grenade.
"Mr. Luther, isn't it true that you were the one who drove Lucy to San Augustine?"
"Absolutely not, sir. The young man took her in one of our vehicles, a white Chevrolet, I believe."
Tod paused for dramatic effect. "Oh, T. J., come clean for once in your life. Tell this jury the truth! The child Lucy was carrying was really yours, now wasn't it? It was your very own flesh and blood that you were arranging to have aborted, isn't that the truth?"
Again it happened. The courtroom exploded. A few reporters leaped from their seats to be the first to break the story.
Summoning whatever will he had left, T. J. tried righteous indignation. "Mr. Duncan, I'm shocked that you would even suggest such a thing."
Last hand grenade. Tod reached into his briefcase and took out a thin file folder. From the top of the auditorium, Wayne let another smile cross his lips. Tod took one long sheet of paper from the folder, rose and walked over to the court reporter, asking, "Would you please mark this as our next exhibit?"
It became Defense Exhibit Number 19. As was the custom, Tod handed a copy of the exhibit to Johnny Bob and offered it into evidence, identifying it as the medical record of Dr. Olstein on Lucy Baines Brady.
Rising from his seat, Johnny Bob objected in a booming voice, "Your Honor, this exhibit comes as a complete surprise to us. We've never seen it before. Counsel must have known about it all along and hid it from us and from this court. Such conduct not only calls for a mistrial, but demands sanctions against the lawyers for the defense."
"Your Honor," Tod replied in a very calm voice, knowing that he had the upper hand, "if anyone has been hiding the ball, it's Mr. Tisdale and his clients. Even though we asked them to disclose the names and addresses of any doctor who has ever treated Ms. Brady and they listed over thirty, they omitted this one country doctor from San Augustine. And, I might add, that their client, Ms. Brady, also lied from the witness stand about it."
"Further, Your Honor," Johnny Bob sputtered, "this document is hearsay and not authenticated."
Tod was prepared for this objection. "Judge, that man at the top of the auditorium with the white beard is Dr. Olstein. I subpoenaed him here for just this purpose. If there's any question about the accuracy of this document, Johnny Bob is welcome to call him to the witness stand."
Johnny Bob threw out one last desperate appeal. "Your Honor, we need a break at least so that I might have a chance to confer with my client about this previously undisclosed document?"
Ruby ignored the request. "The document is admitted. Mr. Tisdale, you may call Dr. Olstein as a rebuttal witness if you think it is necessary. No, you may not confer with your client. I think the jury needs to hear what he has to say about this document without the benefit of your counsel. Continue, Mr. Duncan."
By now T. J.'s eyes were darting about the large room almost as if he were looking for an escape route. He took a handkerchief from his coat pocket and put it back without wiping his brow. Tod gave him the document.
"This is the chart from Dr. Olstein's office that he prepared on the night of Lucy's abortion about five weeks ago. I'm going to show you the back first. I'm not asking you to read the medical portions. If you'll look in the margin at the bottom of the page, would you read to the jury what is written?"
T. J. swallowed and then said, "Chosen 1—White Lincoln."
"Now that's a description of your car and your license plate, isn't it?"
Fumbling for some other explanation and coming up with none, all T. J. could say was, "Well, uh, yes, it is."
"Would it surprise you that, if Dr. Olstein is called to the stand, he would testify that, after receiving a five thousand dollar check from a stranger to perform a late night abortion, as the car left his clinic, he wrote those words in the margin?"
T. J. looked down at the Bible on the rail in front of him, looked up to the bearded man at the top of the auditorium, and clutching his Bible to his chest, said, "I don't know, sir."
"In fact, you were the one driving the car that night, weren't you, Reverend Luther?"
"Uh-huh," the witness mumbled.
"Was that a yes?"
T. J. nodded.
"And, Reverend Luther, if we turn to the front of this form, there's a history there that appears to be in Lucy's handwriting. By the way, I'll represent to you that Dr. Olstein has been using this form for forty years and concedes that it's probably no longer politically correct. You see where I'm pointing?"
The witness froze. The blood drained from his face.
"You see that blank where it says 'father' and written in that blank are two letters, 'T. J.' That's you, isn't it, Mr. Thomas Jeremiah Luther?"
This time there was no uproar. No one moved as they waited for the answer. In the silence of the courtroom, Tod walked back to his counsel table where he sat and stared at the witness.
Just as Ruby was about to instruct T. J. to answer the question he took his Bible, got up from the witness chair, walked around in front of the judge's bench and kneeled, facing the jury.
"Let us pray. My Father, who art in Heaven…"
CHAPTER 78
Jessie stormed from the courtroom. The judge looked at the lawyers in anticipation of an objection. None came. Johnny Bob was stumped. Tod observed what T. J. was doing and glanced at Jan who merely shook her head in amazement. All of their combined years as trial lawyers had not prepared them for this moment. So they did nothing. The court reporter looked up at the judge, her eyes asking if she should be taking this down. The judge nodded for her to keep transcribing. Most of the jurors looked on with disbelief. Mr. Marino crossed himself.
"…We are all victims of the flesh. From the day that Eve first tempted Adam with the apple we have been sinners. As you told us through my brother, Jesus, if we confess, you will be just and forgive us our sins, purifying us from all unrighteousness. Father, I confess to you, to the judge, to this jury, to the world, and, most importantly, to Lucy Brady."
As T. J. spoke, he looked up at the ceiling, his voice rising to a high-pitched wail. Tears streamed from below his glasses and down his cheeks.
"I can still do Your work, my Father. I ask Your forgiveness and that of this jury. Please forgive me so that I can continue to carry Your message to the four corners of this earth. In Christ's name, I ask Your forgiveness. Please help me God!" As he finished, T. J. prostrated himself on the floor, his head resting on the gold Bible. Silence reigned.
No one moved. Finally, Tod rose and said, "We rest, Your Honor."
Johnny Bob, shoulders slumped, replied, "Your Honor, we have no more questions for this witness." Almost as an afterthought, he added, "And we're through, too, Your Honor."
"Deputy, please ask the plaintiff and her family to return for final arguments," Judge O'reilly said.
***
The final arguments were brief.
Johnny Bob rose and walked slowly back to where Lucy was sitting. As he put his big hand on her shoulder, she folded her hands in her lap and avoided the eyes of the jury. "My friends, what you see before you is a young lady who is a victim. From the time she met that young man in church until today, she has been guilty of only one thing. She trusted others. She trusted Population Planning. She trusted Dr. Moyo. She trusted Reverend Thomas Jeremiah Luther. It is likely she will go through life never trusting anyone ever again. Yes, she lied from this witness stand, but she was under the spell of a charismatic preacher who repeatedly misled her.
"Did she make some bad decisions in the past year? Of course she did. However, as you deliberate, remember that none of those decisions would have been necessary if Dr. Moyo and Population Planning had only exercised reasonable care."
Addressing Judge O'Reilly, he said quietly, "That's all I have to say, Your Honor."
Tod returned full circle to the first day of trial as he paced up and down in front of the jury box, saying nothing until he looked over at his client. "If you translate Mzito Moyo from Swahili to English, it means 'baby heart.' You see, it was not a coincidence that Dr. Moyo became an obstetrician. In Africa his physician father hoped his newborn son would become a doctor who delivered babies. By now, you know him to be a man of integrity, a man of honesty, a man whose skill and credentials are unsurpassed in this state or any other. On the other hand, you now know that the man in the sunglasses has lied to Lucy, has lied to his followers and, more importantly, has violated the oath he took in this courtroom. He told you from that very witness stand if he did not tell the truth, you should find against him. For once, I believe you should follow his advice. He nearly destroyed my client's reputation and you should punish him for it."
Claudia found herself in a conflict of interest that was not of her making. T. J. would just have to live with her argument as she endeavored to absolve her other clients of any liability. "Ladies and gentlemen, it should be clear that the comments of Reverend Luther were his and his alone. There is no evidence that any of the other pro-life defendants approved or condoned what he said. He alone must bear the responsibility for any damages caused by his words."
Interestingly enough, the last word came from T. J. As Claudia sat down, he rose, faced the jury and said, "I'm sorry."
***
The verdict was unanimous in part and split in part. In a civil case in Texas it only takes ten of the twelve jurors to be in agreement to reach a verdict.
Silently, the jury filed into the courtroom, some staring at the floor, some staring at the flags beside the judge, others looking somberly at the lawyers and at Lucy and her family As they took their seats Judge O'Reilly asked if they had reached a verdict..
"We have, Your Honor," responded Glenn Ford, who had worn his red tie and red suspenders for the occasion.
The judge studied the verdict, and announced the result.
"As to the case of Lucy Baines Brady v. Dr. Moyo and Population Planning, the jury finds no negligence on the part of Dr. Moyo."
Tod turned and grabbed the hand of Dr. Moyo.
"As to Lucy Brady's case against Population Planning, the jury finds that the defendant, Population Planning, was negligent and awards Ms. Brady her medical bills only."
Johnny Bob looked down at his boots, knowing that it was a hollow victory at best.
"As to the counter-claims, the jury finds in favor of Dr. Moyo and Population Planning against Reverend Luther and The City of Miracles only. They find that the remainder of the pro-life defendants are not responsible for the words or conduct of Reverend Luther. They award damages to Dr. Moyo in the amount of ten million dollars and to Population Planning in the amount of one dollar. This portion of the verdict is split ten jurors to two."
Zeke sank to his seat and buried his tearful eyes in his hands. Claudia breathed a sigh of relief that her other pro-life clients had escaped, unscathed. Jan smiled. Her client didn't want money, only justice. She considered that Population Planning had received that justice.
The judge thanked the jury and advised them that they could now talk about the case to the lawyers or to the media.
CHAPTER 79
Johnny Bob packed his briefcase and turned to Claudia. "I'll tell Mildred just to leave our stuff in the lofts. I'll send someone down next week to pick it up. I'm heading home."
Johnny Bob hugged Lucy and wished her well and did the same with Joanna and Jessie. He shook Bo's hand and started walking slowly up the steps. He had no comment for the reporters who tried to stop him as he bulled his way to his pickup. When he cleared the crowd, his step lightened and he began to walk more quickly. By the time he got to his truck, he thought you win some, lose some. There was nothing he could have done about this one. Besides, he had nearly two million dollars in his bank account back in Palestine. Certainly not his biggest fee by a long shot. Still, not a bad day's work.
He tossed his briefcase on the passenger side of the red box in the bed of the truck and walked around to the driver's side. He opened the refrigerator and dragged out a cold Lone Star tall boy. Popping open the top, he drank it half down. As he got in his pickup and pointed it toward Palestine, a siren pierced the late afternoon. It could be heard on the street in front of the law school.
Judge O'Reilly paused at the doorway of the building with Dr. Moyo, Tod and Tod's team. Tod thanked her for her hard work and good job in managing the trial.
"Judge, did you hear that siren? Johnny Bob's heading home," he told her.
She just smiled. "How on earth did you find out about Dr. Olstein?" she asked. "Mr. Tisdale is too good and too careful to miss something that would implode his case."
"He's a great lawyer, but he had a holy liar as a client," Tod smiled.
The judge bid them good-bye. "Dr. Moyo, you have a fine group of lawyers."
"Yes judge, the finest."
"Look around." Tod said to Jan and Wayne. "This is the scene of what will probably go down as the crowning achievement of our legal careers. We won our case, or most of it. Those medical bills will be covered by the clinic's insurance. But, did we answer the question?"
"You mean the question of when life begins?" Jan asked. "Of course not. I told you on that first day when it popped up in the case there is no answer that is satisfactory for everyone. At least not yet, and maybe never. If you think that our little old pissant trial is going to change the course of that debate, you better take a look at history. We put the debate under a microscope for a few weeks. All those doctors and philosophers and theologians will just take a new look through that microscope. You can bet your last red cent that each of them will see something different. As for those people out on the street, their minds were made up before they got behind those barricades. I'll bet you a dime to a donut that not one of them climbed their barricades and crossed over to the other side because of our trial. Speaking of them, you ready to go face the media?"
"Might as well," Tod replied. "I'd rather find a quiet place and sleep for a few hours until they're gone, but we might as well get it over now instead of later. I damn sure don't want them ringing my phone off the wall and pounding on my door."
Wayne had been quiet up until now. "Come on now, Tod. We're the conquering heroes. Let's go out there like we just single handedly won World War III or at the very least knocked Rocky Balboa over the ropes and into the third row in the fifteenth round."
They were not surprised when they walked out the front door and were accosted by reporters with cameras not far behind. The crowds behind the pro-choice barricades cheered like the lawyers were the Houston Rockets who had just won a championship. T
he crowds behind the pro-life barricades were silent.
Victoria Burton asked the first question. "Mr. Duncan, it appears that you have vindicated the position of the pro-choice faction. Any comments?"
"Victoria, maybe I better clarify. I wasn't paid to take sides in the abortion fight. I was hired to represent Dr. Moyo in a medical malpractice case, something that I've done at least a hundred times in my career. I was forced to file the counterclaims when the other side tried to destroy my client's reputation. I didn't start the 'when life begins' debate. I mounted the best possible defense for my client."
"The critical testimony in the case came from Reverend Luther when you put him back on the stand. Would the outcome have been different without that testimony?"
"That's for you media folks to debate. Ask Larry King or Ted Koppel. I'm not going to speculate on what might have been."
Not far down the street in front of the pro-life barricades, T. J. talked to a few reporters, still wearing his Stetson and carrying his Bible. His stock had dropped to the point that only the local media were interested in what he had to say, but he continued to put on a brave front.
"Obviously, I'm disappointed in the outcome of the trial. We certainly will be appealing the verdict against my church. I did not intend any malice in my words about Dr. Moyo. I merely spoke the facts."
"Reverend Luther, will you continue your ministry?"
"Of course, young man. My ministry is worldwide. In fact, I'm starting a revival tour of forty cities in twenty countries next month. I can promise you that we will have our usual full stadiums."
"What about Lucy?"
"I'm sorry, sir?"
"I said, what about Lucy, Reverend Luther?"
"Oh, you mean Lucy Brady? I apologize. My mind wandered away from this trial and I was thinking about my future ministry. I'm certainly sorry that she didn't get more money. Is that what you were inquiring about?"
"No, Reverend. Actually, I was wondering if you would comment about your testimony today, your previous relationship with Lucy Brady and the impact of all of these events on this young woman who's a member of your church."
So Help Me God Page 49