Character Witness Page 7

  ''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?''

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p; ''No, Your Honor.''

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

  ''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?''

  ''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.

  ''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.

  ''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

  ''Your Honor.'' Tony Maglio moved in for the kill now that Bob had mortally wounded the opposition. No expressions of professional offense marred his face; his style was the good guy. He grinned openly. The court was his locker room. He snapped his towel Judge Kelley's way.

  ''We move that the estate of Lionel Booker be held not liable in this action also. For the same reasons that All Life has expressed, Your Honor. We also believe there are no contested issues here. The estate should have no liability because Lionel Booker did, indeed, provide for Louise Booker as stipulated in the previous ruling. Had Mr. Booker not purchased life insurance, the estate could be charged. However, he did. Therefore, I see no reason why we should be in front of Your Honor arguing the matter.''

  ''Three minutes, Ms. Cotter,'' Kelley muttered.

  ''Lionel Booker did not contest Louise Booker's request for a life insurance policy to protect her in the case of his death. He sought out All Life, he paid the premiums. That goes to intent, Your Honor. Lionel Booker proved that he intended to provide for my client no matter what. If the insurance company is not liable, then the estate must be. This is based on the previous court's ruling. Louise Booker is entitled to support.''

  ''Ms. Cotter,'' Judge Kelley clipped her name off like the end of a good cigar. He smiled. He was ready for another chat. ''How long have you been practicing law?''

  ''Eight years, Judge.'' Beside her Louise rolled her eyes and planted her chin on her upturned hand, drumming her nails against her cheek.

  ''Still close enough to graduation that you must remember your classes in law school. There was probably one professor who conducted a discussion of state of mind, was there not?''

  ''Yes.''

  ''Do you remember hearing that it is impossible for a third party to attest to state of mind?'' Kelley was grinning. Sitting high above the proceedings, his comely looks made the sharpness of his lesson something akin to a smiling executioner.

  ''Yes.''

  ''Then Ms. Cotter, unless you are going to produce a note from the deceased,'' his fingers twisted like a magician, ''call a mystery witness who happened to be in the stall next to Mr. Booker before he did the deed, or call a psychic who will attest to what Mr. Booker had in mind regarding his estate at the day, and dare I say, moment of his death, I would suggest you think twice before going down this road.''

  ''But. . .'' Kathleen began.

  Judge Kelley raised one finger and waggled it. His clerk passed him another note. This one seemed to amuse him. Kathleen raised her chin. It felt like the Rock of Gibraltar but she managed to keep it up while he did some housekeeping. Louise wiggled in her seat and re-crossed her legs. If movement were words, Louise's would all be spelled with four letters.

  ''You blew it,'' Louise whispered. Kathleen's shoulders went back, ready for any slings and arrows. ''Gerry should have been here. That old man's got more on the ball than you'll ever have.''

  ''Be quiet, Louise,'' Kathleen begged as Judge Kelley glared at the bad girls in school.

  ''I think we're going to have to continue this discussion with the estate of Lionel Booker,'' Kelly said. ''I believe that there is some merit to the case against the estate. Although, without the life insurance policy I imagine the ex-Mrs. Booker will find it less lucrative than she imagined. Legally, though, I don't see. . .

  ''Excuse me?''

  Those two little words wafted forward from as far back in the courtroom as it was possible to come. The huge seal behind the judge seemed to tip forward as the sweetest voice - sweeter than that of Kathleen Cotter - floated across the expanse of pews and over the shining wood of the bar and into the well to lay itself in front of the man in black.

  Judge Kelley squinted though there was nothing to obstruct his view. Tony looked. He didn't exactly turn, but moved his very straight body as if he was taking a ride on a Lazy Susan. Louise flung herself over the back of her chair. Kathleen took two tiny steps and twisted her head. Bob Morton stopped packing his briefcase. The woman who spoke- a woman so very small and delicate that visions of Thumbelina came to mind - appeared to shrink under their scrutiny.

  ''I beg your pardon?'' Judge Kelley's voice softened as if he was talking to a child - as well he might be. The woman's long hair was parted in the middle; her clothes were just a bit too big. Her long cardigan sweater hung over her narrow shoulders as if it weighed on her mightily without giving any warmth. She wore no make-up; her eyes seemed nothing more than circles of dark for the lashes were too light to define the shape of them. Her mouth remained a tight and fretful line that was too narrow to make a statement or be considered attractive.

  ''Miss, do you have business before this court?'' Kelley called out.

  ''I do, sir.'' Her voice was only a fraction stronger than before.

  While they all looked at the woman, one man acted. Kathleen hadn't really noticed him before. He said something to Tony as he sidestepped out of the spectator's pew where he had been sitting. Kathleen wasn't sure it was a muttered curse or an expression of sorrow. She couldn't hear anything more. He was hurrying toward the woman. But she was quicker still.
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  Instead of waiting for him to reach her, she seemed to anticipate his moves. She side-stepped, ducking around him so that he had to turn and follow her. Hoarse, quick whispers of objections and questions were thrown her way. She ignored them all. Kathleen knew this took a great deal of courage, the same courage it had taken when her father told her she'd never be a lawyer.

  ''I don't want anything,'' she called to the judge, waving her little hand as if that would make him understand how sincere she was. The man caught up with her. She turned back to him as he put his hand on her arm.

  ''I don't want anything,'' she snapped, instantly embarrassed by her own boldness. Her attention was back on the court, her bovine eyes darting Louise's way. Kathleen could have sworn she saw a flicker of fear behind those eyes. ''She can have it all. I mean it, Judge. Louise,'' she looked directly at the ex-Mrs. Booker, ''I don't want any of it. No money or whatever Lionel had. I'd like to keep the house, but if you want that, too, it's okay.'' She looked at the judge with big, big, frightened eyes. ''Please, judge, just give it all to her.''

  ''Mr. Maglio?'' Judge Kelley wanted an explanation but was so fascinated by the woman he never took his eyes off her.

  ''Yes, Your Honor. I apologize for this interruption. This is highly irregular. I'll take care of it.'' Tony headed toward the man and the woman, circled both with his long arm and tried to step them backward to the door.

  ''Mr. Maglio! What are you doing? This court is not in recess.''

  ''Please, Your Honor,'' he called back, unwilling to release the quietly feuding pair. ''I need only a moment to straighten this out, Your Honor. This is Edward Booker, Lionel Booker's brother and executor of the estate. I beg Your Honor for a short recess.'' He was still hurrying them to the door, but Kelley was as curious as any of them.

  ''And the lady?''

  Tony Maglio shoulders sagged. He would have preferred not to add another iron to the fire, but now he had no choice. He was about to speak when Louise spilled the beans.

  ''That's Lionel's wife,'' she drawled.

  That's when the little woman started to cry and Judge Kelley called a recess.