Cracks in the Sidewalk (18 page)

“Jeffrey Caruthers has a genuine but rather misdirected sense of protectiveness for his three minor children, and he has convinced himself that seeing their mother will destroy whatever peace of mind and security he has been able to provide. I believe he has deep-seated issues with his father, and this is the root source of his insecurities.

“While Jeffrey’s wife, Elizabeth, was previously a bastion of comfort offering unbridled acceptance, her illness has now positioned her as the ultimate challenger to his emotional stability. Because he has been deprived of what was previously his safe place, Jeffrey feels certain that everyone is adversarial and every situation is dangerous. Coincidence has become conclusion, and he is confident that all misfortunes are a result of his in-laws attempts to punish him for his failures. This insecurity has escalated into a state of free-floating anxiety so great that he perceives every setback to be yet another crisis.”

Peter Belleau went on for several pages, describing the specifics that led to this conclusion. He ended the report by writing, “Although I am of the opinion that Elizabeth Caruthers is an intelligent, caring individual who is well-qualified for visitation privileges with the three minor children, I caution the court not to push Jeffrey Caruthers beyond his emotional limits because of his fragile emotional state.”

Peter Belleau read through the report once again. Then he slipped it inside an envelope and dropped in into the mailbox as he left the building.

September 1985

J
udge Brill read through Peter Belleau’s analysis of Jeffrey Caruthers; then he reread the phrases that troubled him. Certain words jumped off the page and stuck out. “Overwhelming sense of insecurity”; “beyond his emotional limits”; “fragile emotional state.” Judge Brill thought back to six years ago, when Jack Wallner, a man much like Jeffrey Caruthers stood before him. Jack Wallner, a man who’d returned to the courthouse steps and discharged a bullet into his brain just hours after the judge had awarded Alma Wallner custody of their two girls.

The judge knew he had been justified in that decision. After all, Jack was unstable, “stretched beyond his emotional limits,” in the words of the psychologist who’d conducted his interview. Judge Brill had no reason to doubt that awarding Alma Wallner custody was the right decision, yet for months afterward he could see Jack’s desperation in every pair of eyes that came before him. For a while he’d considered leaving the bench and returning to private practice where he could deal with the cut-and-dry issues of embezzlers and negligent landlords.

When he could no longer tolerate the agony of sleepless nights, Judge Brill took a three-month leave. He rented a camper and drove cross-country with his wife and her pocket-sized Chihuahua. Only after they’d watched sunsets from atop the Blue Ridge Mountains, strolled the tropical beaches of the Florida Keys, fished for salmon off the coast of Washington, and basked in the California sun, was he able to forget. Until now.

After several minutes, he lifted the receiver and dialed Dudley Grimm’s number.

“Counselor,” he said, “I realize we’ve already discussed this, but I’d like to ask again if there is any possibility you and the opposing counsel can reach a compromise.”

“It’s highly unlikely, Your Honor. My client is flexible on the return of her jewelry, but she’s been diagnosed as terminal and before she dies she wants to spend time with her children. There’s no chance she’ll back down on that.”

“Have you offered the jewelry concession to opposing counsel?”

“Yes, at our last conference. But her client flatly refuses to budge on visitation. Even though Jeffrey Caruthers realizes his wife is dying, he’s adamant about not allowing the children to see her.”

Judge Brill gave an exasperated sigh.

“Elizabeth Caruthers is a dying
woman,” Dudley said. “She should at least have the opportunity to say goodbye to her children. Do you think that’s unrealistic?”

“In cases like this it becomes near impossible to determine what is realistic or unrealistic,” Judge Brill said sadly. “Everything simply becomes a point of argument.”

“Your Honor, if anyone is being unrealistic and uncooperative it is the opposing counsel. She knows that time is critical to my client, and she’s employing every delay tactic conceivable.”

“Miss Sarnoff claims the grandparents are an issue.”

“That’s nothing but a red herring. They figure Elizabeth Caruthers is quasi-bedridden and lives with her parents, so there’s no way the children can visit their mother without exposure to the grandparents. If they ask to keep the kids away from the grandparents, it effectively eliminates any visitation with the mother.”

“Point taken,” Judge Brill replied. “I’ll have another chat with Miss Sarnoff to see if she can’t move this along.”

~ ~ ~

J
udge Brill called Noreen Sarnoff.

“May I assume you’ve read through Doctor Belleau’s report on your client?” he asked.

“Yes, Your Honor, I have,” Noreen replied.

“Given Doctor Belleau’s evaluation of your client’s emotional state, would you agree that a long, drawn-out trial is not in his best interest?”

“Yes, but—”

“I suggest approaching him about allowing the mother a reasonable visitation schedule.”

“The problem is—”

“I’m not interested in what his problem is. In my opinion the plaintiff’s request is well within reason. And since the court calendar is already overcrowded, I fail to see any purpose in allowing this to drag on.”

“But, Your Honor, my client refuses to—”

“That’s why I am speaking to you, Counselor. I’m asking that you take another shot at finding acceptable grounds for compromise.”

“Okay, Your Honor,” Noreen said. “But I doubt I’ll have much success. Mister Caruthers refuses to allow the mother or grandparents access to the children.”

“You might want to remind him that he’s got a very weak case. Both Doctor Belleau and her attending physician have issued statements claiming Elizabeth Caruthers is quite capable of visiting with the children. In fact, they’ve suggested it would be beneficial.”

“We have our own medical expert who suggests—”

“Miss Sarnoff,” he said abruptly. “I believe that I’ve made my request perfectly clear. I’ve asked that you find grounds for a compromise, not provide me with a litany of excuses for why you cannot!”

“Yes, Your Honor,” Noreen replied.

~ ~ ~

M
inutes later, Noreen picked up the telephone and called Jeffrey Caruthers. “I just heard from Judge Brill.”

“What now?” JT replied curtly.

“You’re not gonna like it,” Noreen warned, “but he’s pushing us to talk compromise. He indicated that your wife’s request is—”

“I don’t give a crap what he thinks, or what you think, or what anybody else thinks! I’m not letting Liz or her goody-two-shoes parents near my kids! I’m the one responsible for them. I’m the one who’s gonna have to deal with their nightmares and hysteria when Liz dies, and there’s no way I’m putting them through that torture! Do I make myself clear?”

“I understand your position, but—”

“I’m not discussing this anymore!” With that he slammed down the receiver.

It had been a long and aggravating day for Noreen Sarnoff, and it wasn’t over. She began to draft a Motion for Continuance. She didn’t expect it to help, but if she could delay things long enough, maybe they’d get lucky and Elizabeth Caruthers would die before the case went to trial.

~ ~ ~

W
hen Judge Brill arrived at the courthouse the following morning, the motion lay on his desk.

“Figures,” he said, sadly shaking his head. The judge had hoped to settle this case without a trial, in a way that didn’t rip out someone’s heart and leave them with only a desire for death. Obviously, that wouldn’t happen.

Judge Brill allowed his coffee to grow cold while he reread the case file and then reread it again. Finally when he could find no other way to resolve the dilemma, he told his clerk to contact both attorneys and advise them he would hear oral arguments in his office the following morning at ten o’clock.

That afternoon Judge Brill received a second motion. It was a Motion to Dismiss, filed by Dudley Grimm on behalf of the plaintiff. In his brief Dudley stated that in view of the plaintiff’s imminent demise, Jeffrey Caruthers’ Motion for Sole Legal and Physical Custody was legally meaningless intended only to harass Elizabeth Caruthers and cause undue delay in the proceedings.     

~ ~ ~

T
he following morning as Judge Brill drove across the Pulaski Skyway a truck carrying an oversized load of gravel slid out of control and slammed into the guard rail, causing the nine drivers following to rear-end each other. The judge was number eight, so his car was hammered in front and back. Traffic in both directions inched forward. Northbound travelers found it impossible to squeeze by the pile-up of cars, and southbound travelers, craning their necks to see what happened, slowed movement to a crawl. By the time Judge Brill finally reached the courthouse, he was in the foulest possible mood.

Noreen Sarnoff and Dudley Grimm sat in his office when Judge Brill arrived. With few pleasantries, he settled himself behind the desk and opened the case file.

“Okay, Counselor,” he said, giving a nod toward Noreen. “Let’s hear why you need another continuance.”

“We need additional time for discovery. My client believes the mother’s ability to physically and emotionally handle being with the children is in question, and to establish proof of this we need to depose a number of nurses who were on duty during Elizabeth Caruthers’ stay at Saint Barnabas Hospital. We also need time to obtain a full medical history and a more in-depth psychiatric examination.”

“Your Honor,” Dudley interrupted, “they are already in possession of Doctor Sorenson’s report on Elizabeth’s condition.”

“But we have not had an opportunity to depose the doctor, nor have we had access to any of the nurses who attended Missus Caruthers.”

“Your Honor,” Dudley said, “this is beating a dead horse. They have the doctor’s signed statement, so why would further discovery be necessary? We’ve stipulated agreement as to Elizabeth’s medical limitations and the terminal prognosis.”

“There is also the issue of a full psychiatric examination,” Noreen argued.

“And why,” Judge Brill asked, “is that considered relevant?”

“Your Honor,” Noreen said, “we have no way of knowing whether the tumor pressing against Elizabeth Caruthers’ brain has in any way altered her mental capacity. So before the court considers any type of visitation, we would like to see documentation attesting to her stability.”

“Do you have reason to believe she might in some way harm the children?”

“Not at this moment, but in a situation such as this—”

“Miss Sarnoff is creating a hypothetical that has no relevance here!” Dudley argued. “First off, we have stipulated that Elizabeth Caruthers does have blackout periods, but they are infrequent and limited in duration. Secondly, she lives with the grandparents of the three minor children. These people are her parents, one of whom is always in attendance and readily available should she require assistance. The truth of this matter is that Miss Sarnoff realizes time is of the essence, and she is determined to delay these proceedings until the outcome is decided by my client’s demise.”

Judge Brill turned to Noreen. “I’m inclined to agree with Counselor Grimm. You’re in possession of Doctor Belleau’s psychological evaluation of the plaintiff, and you have Doctor Sorenson’s statement. Therefore, I am going to deny your request for further depositions but will allow a two-week continuance.”

“But—”

“There are no buts,” Judge Brill said emphatically. “I expect this trial to be on the court’s calendar before the October recess.” He initialed his denial and handed it to the clerk in attendance.

“Next issue,” the judge, said turning to Dudley. “Your request to dismiss Mister Caruthers’ plea for sole custody.”

“Again, we feel that the custody motion is another of the plaintiff’s attempts at creating undue delay,” Dudley said. “This is a meaningless motion, since Jeffrey Caruthers already has physical custody of the children. Once his wife dies he will automatically inherit sole legal and physical custody. In the interim, there is no evidence of parental misconduct that would preempt Elizabeth Caruthers from retaining her custodial right for visitation.”

Judge Brill gave Noreen a nod. “Miss Sarnoff?”

“We of course oppose the request for dismissal, Your Honor,” she answered. “My client’s plea for sole legal custody was made to avoid any potential interference or entanglement created by the children’s maternal grandparents. It is well documented that there is considerable friction between Mister Caruthers and the grandparents. Giving Mister Caruthers sole legal custody would avoid any potential issues that might arise after their daughter’s death.”

“Unless there is evidence of parental abuse,” the judge said, “the grandparents have no legal standing in the custody issue.”

“Perhaps not, but they can engage my client in a time-consuming and costly lawsuit.” 

The judge raised a doubtful eyebrow. “Given the existing circumstances, I tend to agree that this is a frivolous petition. So, although I am denying Mister Grimm’s motion for dismissal, I am going to hold this petition in abeyance until the court has reached a decision on the issue of visitation.”

“Thank you, Your Honor,” Noreen and Dudley echoed simultaneously.

Room 110

Union County Courthouse

T
he courtroom split straight down the middle so that warring parties need not sit shoulder-to-shoulder. When Judge Brill entered the room, the clerk called out, “All rise. Court is now in session, the Honorable Judge Theodore Brill presiding.” The judge sat, and everyone else followed.

In the past two months, Elizabeth Caruthers’ headaches had increased in both number and intensity. Some days she found it difficult or nearly impossible to pull herself from bed. Elizabeth had heeded Doctor Sorenson’s words—“Undue stress will only serve to worsen your condition”—and stayed home. In her place Claire and Charles McDermott sat at the plaintiff’s table with Dudley Grimm.