Character Witness (9 page)

''
Your Honor,'' she cleared her throat, too, but it didn't seem to have the same calming affect on her as it did on Bob Morton. ''It's not fair.''

Kathleen had Judge Kelley's attention. In fact, she had everyone's attention, including the pod of school children in for an afternoon outing. This was an argument they could understand. They were disappointed when there wasn't more.

''
Excuse me, Your Honor.'' Kathleen swallowed. Her mouth was dry. ''I meant it isn't fair, in this instance, to decide upon settlement based strictly upon the letter of the agreement between Lionel Booker and All Life Insurance. As in many instances with this great law of ours, there is often the spirit to consider. And, if ever there was a case where spirit counted, it's this one. In the case of Mr. Booker, the spirit was definitely willing but the flesh was weak. Please note the decision for the plaintiff in Tintocalis v. Tintocalis where the defendant had neglected to pay the premiums in a similar situation. The court ruled that the death benefit was to be paid because no one should suffer by the act of another.''

''
And we agree, Your Honor,'' Bob Morton crowed. ''All Life should not suffer because of Mr. Booker's intentional demise. I point to Tintocalis also, and say that the obligation to sustain support falls directly on the estate. And, I can cite Lucas v. Elliot.''

Tony moved in his chair and whipped out a pen. Furiously, he made notes. The first was to kill Bob Morton.

Kathleen went on.

''
We must consider Mr. Booker's intent to care for his ex-wife, Louise Booker, when we discuss this matter. It is the spirit of that intent that I ask Your Honor to rule upon. Tintocalis specifically states that intent could be taken into consideration.''

''
Your Honor,'' Bob Morton stood up slowly, raising a finger, though the gesture was unnecessary to gain attention. ''While I can think of no one seemingly more capable of weaving an intriguing fairytale than Ms. Cotter, we are not here to wax poetic about intent and love and the spirit of anything. Tintocalis never ruled on intent and 'could be' is not a legal concept. We are here to determine whether, under the law, the agreement made between Lionel Booker and All Life Insurance is binding.''

''
Thank you so much for reminding me of that, Mr. Morton,'' Kathleen responded, hoping that sounded appropriately cool. Damn Gerry. She told him she'd never made an argument of any length. In her previous life, before Gerry's idea of professional heaven, she was arbitrator not aggressor. The man facing her had never arbitrated or acquiesced.

Taking a deep breath, Kathleen put on the face she and Gerry had practiced over the last week. It was a mask of surety drawn with cosmetics and practice. She hoped someone would be impressed.

''
The spirit of Lionel Booker was as strong in its belief that there are rights and wrongs in this world that supersede the mandates of committees that attempt to regulate life with rules. His life proved that everyone had to live by the rules, but not be ruled by them. Lionel Booker wanted his ex-wife to be cared for in the eventuality of his death. To that end, and in very good faith, he paid the premiums on an insurance policy for one year, three hundred and sixty three days. On day three hundred and sixty four, one day before the suicide clause would have been null and void; Lionel Booker did something that was an aberration. It was an act that contradicted his generous spirit. Believe me, Your Honor, when Lionel Booker took his life he wasn't thinking about a clause buried in insurance paperwork.''

Kathleen moved forward. It was so hard to stand behind that table, far away from the judge with no jury to speak to. If she was going to connect it had to be now. Kathleen wanted them to know she could attest personally to the fact that the best of intentions sometimes didn't mean a happy ending. Nobody should suffer because good intentions went awry.

''
Judge, we don't know what drove Mr. Booker to despair. To take your own life is not so much a decision for death, as it is a belief that life can't go on. I grieve for Mr. Booker, Your Honor, I really do.''

Kathleen let her eyes roam the courtroom. There wasn't anyone who didn't believe that last statement of hers. No one except Louise, who sat with her chin buried in her hand, her eyes rolled to the ceiling.

''
I do,'' she said again. Louise deflected the reassurance by shifting noisily in her seat. Kathleen turned away from her, disgusted. ''But whatever drove Mr. Booker to take such drastic action it was beyond his control. I'm sure of that, judge. So, since his action was beyond his control and the intent to financially care for Louise Booker was so well documented, I tell you that All Life cannot hold us to the letter of their agreement with Mr. Booker. A previous court ruling established Mr. Booker's generous intent; he proved that his spirit was willing to follow through on his promise. The fact that he killed himself a mere day before the agreement was to be nullified in terms of the suicide clause does not point to a meanness of spirit. If Lionel Booker wished to somehow teach Louise a lesson about greed-,'' Kathleen resisted the urge to look at her client, ''-he could have taken his life at anytime and his action would still have the same effect. Mr. Booker didn't count the days to his death, he acted without thought except to end whatever pain he was in. When he deliberately pursued the means to provide for Louise, he was acting in good faith, he was acting according to a court order and All Life should reciprocate with equally good intentions.''

Kathleen moved back to the table and picked up the papers that waited there.

''
Your Honor, I have research that will show how precarious a suicidal person's thought process is.''

Beside her, Louise drummed her fingernails on the table. Today they were blue. Elvis was gone, replaced by a white bearded man. Kathleen thought it was a summertime Santa. Louise coldly held up her middle finger for Kathleen to see that it was Kenny Rogers.

''
Your Honor.'' Morton interrupted, setting his middle aged face set in an expression of remorse as if he was terribly sorry he had to push his big, long sharp pin into Kathleen's balloon. ''We have no need of a psychological profile. The insurance policy fulfills the court's directives. All Life is not responsible for the deceased's actions after the policy was put in force. And, while we are not as unfeeling as Ms. Cotter would like to lead you to believe, we have our rules. What is the law if not rules written down so that everyone can understand what their responsibilities and liabilities are? The spirit of the law is a thing of Hollywood. Script writers trot out the concept when they can find no other means to bring drama to a matter that is exceptionally well defined. Mr. Booker indicated he had read the policy. His signature is acknowledgment of that. He accepted the parameters.''

''
But my client didn't have the opportunity for input, Your Honor,'' Kathleen said without thought, ''Your Honor, if I could simply submit these reports from leading psychiatric journals, I'm sure -''

Bob Morton pushed his pin in further.

''
Mrs. Booker's presence or agreement was not stipulated, Your Honor. Had it been, All Life would have been happy to comply. Please,'' he opened his hands to show there was nothing up his sleeve, ''these are ridiculous objections. Ms. Cotter wastes our time.''

''
Yes, Your Honor, I understand that it wasn't stipulated, but if I may cite -''

''
What she's trying to say is, it wasn't fair 'cause I didn't know about this clause thing, and I was the one who was going to get screwed by it. If I had known, I would have had taken it out.''

Horrified, Kathleen's head swung toward Louise. The woman glanced disdainfully back then grinned at the judge, thrilled with her own input.

''
Your Honor, I apologize -,'' Kathleen began but Don Kelley ignored her and Bob Morton derided her.

''
It seems Mrs. Booker believes she is God, Your Honor. No one can change an exclusion clause except All Life, and I assure you we would not have been so inclined.''

''
I wouldn't have let him sign it! We would have done something else. We would have made other arrangements.'' Louise shot back.

''
Your Honor, a moment with my client.'' Kathleen held out her hand like a crossing guard but Kelley was having a darn good time. He had no intention of calling a truce. He pointed at Louise with his pen.

''
Mrs. Booker, are you telling this court that you had prior knowledge of your ex-husband's desire to take his own life? Are you telling this court that you wished to defraud the insurance industry by insisting on a substantial policy minus the exclusion clause so that you could cash it in knowing your ex-husband would meet his death by his own hand? If you are telling this court that you would have refused the policy because of said clause, then you must have suspected your husband was so inclined to take his own life and that, madam, would constitute fraud.''

''
Fraud! No way, Jose.'' Louise shot out of her chair. ''Lionel was the last person I'd expect to check out that way. I've lived long enough to know that anything is possible and sure, I would have made sure there weren't any strings attached to that policy if I could have.''

''
Your Honor, this is ridiculous. My client does not speak for. . .''

''
Kathleen!'' Louise howled in frustration.

''
There you have it,'' Bob from All Life was jubilant. ''This suit must be dismissed and charges brought against this woman!''

''
All right, enough.'' Kelley sat back in his big, black chair and drew a finger along his mustache. It had been fun and now it was time for business. ''Mrs. Booker, sit down. Mr. Morton. Sit. Ms. Cotter. You're new to our district but you are not new to the law.'' The judge spoke conversationally, as if they were just having a bite of lunch instead of handing her head to her on a plate. ''Can you honestly stand there and tell me that you contest the fact that All Life is within their rights to set boundaries on the policies they sell?''

''
No, Your Honor,'' Kathleen admitted miserably.

''
Are you going to contest the fact that Mr. Booker did not know what he was signing?'' Judge Kelley shifted his chin to his other hand.

Kathleen's head hung figuratively lower as she admitted: ''No, Your Honor.''

''
Is there any reason that I shouldn't grant the All Life motion for Summary Judgment since we all agree that the company is well within their rights to set the rules for their policy holders, and to deny benefits should those requirements not be met?''

''
No, Your Honor.''

''
Then, Ms. Cotter, the only thing you can possibly contest is that Mr. Booker is not dead.''

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Of course he's dead,'' Kathleen chuckled pleasantly, grateful the judge had resorted to levity. Yet when she looked up, he wasn't laughing.

''
Then will you argue that he didn't kill himself?''

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He killed himself.'' Louise piped up again. ''He resented paying me money because I was taking his farm!''

''
Louise, stop.'' Kathleen pushed hard and Louise fell off the left heel of her shoe, crumpling just enough for Kathleen to get her down in her chair.

''
Your Honor. My client is distraught. She doesn't know what she's saying.''

''
I can see that, Ms. Cotter.'' He sighed as he accepted a note from his clerk, muttering all the while. ''So, if you don't agree with your client then you must believe that Mr. Booker did not kill himself.''

''
Maybe not.'' Kathleen's mind whirled as she tried to figure out how she could extrapolate an argument from Lionel's psychiatric report to defend that statement.

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And what evidence do you have that there was foul play?'' Kelley jotted a note back to the clerk then cradled his chin in one hand and toyed with his mug with the other.

''
I didn't suggest foul play was involved,'' Kathleen raised her chin, peeved that he should get his jollies at her expense. It didn't occur to her that the judge might simply be following her argument to a conclusion that was logical to him.

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You're Honor. I really must object,'' Bob Morton called. The school children were filing out of the courtroom, uninterested in Morton's objection. ''I assume Ms. Cotter has read the police report, at least. And, if she hasn't then she is insulting the integrity of this court by playing these little games without doing her homework. Is it her intent to wear us down? To confuse us? Well, I, for one, say this court cannot be confused anymore than it already has been by her nonsense.''

''
Mr. Morton?'' Judge Kelley raised a brow and pushed at his gold rimmed glasses. ''Are you speaking for this court?''

Morton, to his credit, back pedaled with grace.

''
I only meant that this court's calendar has been confused by this frivolous suit, Your Honor. Certainly it was not directed at you.''

Kathleen's eyes narrowed with satisfaction. Morton's whole foot may not have made it into his mouth but a goodly portion had. Unfortunately, the judge had tired of them both.

''
Never mind. Never mind,'' he waved at them, ready to take the ball and go home. ''I've heard enough. I will grant the motion for Summary Judgment and dismiss the case against All Life.''

''
Thank you, Your Honor.'' Bob was picking up, checking his watch. Nine and a half minutes. Not bad. There was still time for a quick stop at the gym.

''
Oh, damn,'' Louise muttered, throwing her hands up to her face. Kathleen glanced at her client only to see the identical nail portraits of Kenny Rogers winking at her