Perri O'Shaughnessy - Unfit to Practice

“Were there any other such incidents?”

“You mean did we do it in his house again?”

“Yes.”

“No. We didn’t. Except kissing once out front on the porch.”

“Where were the children that time?”

“Oh. They were supposed to be asleep but that one kid, the boy, he woke up. Kevin had to put him back to bed.”

Kevin jabbered into Nina’s ear. “Joey never saw anything, I swear it, Nina. We had no privacy-things got out of hand, but we were so careful. The door, that one time at our house, it was locked and the kids weren’t even home. I would never harm my kids, never expose them to anything like that.”

When Nina’s chance came to cross-examine the girl, she took only enough time to clarify the issues. The girl had entered into the relationship willingly and had, in fact, initiated it. The Cruz marriage had already broken down. Kevin Cruz had always shielded his kids from knowing anything about Ali. Nina kept her questions short. The longer she stayed up there, the worse things would be for Kevin.

Although Kevin tried to talk her into it, she decided not to put him back on the stand. Refuting the details of Ali’s statements might work just to etch sordid details of the relationship into the judge’s mind. And anything Kevin said now might be used against him in the further complications that were sure to develop due to Ali’s age. She had to protect him from incriminating himself.

Besides, what could Kevin say in his own defense?

Riesner made a powerful closing argument, holding forth on the virtues of Lisa Cruz, pooh-poohing the doctor’s report on her ongoing depression except to say that she was “striding toward a healthy future with her children.” He spoke glowingly of his client with zeal and warmth Nina knew was affected but seemed absolutely real. Now that he had Nina back where he wanted her, in the weaker position, he seemed assured and smooth, his old self.

“Your Honor,” he continued, “there’s been some effort on the part of the respondent to use religion as a factor in this case. Doctrines that have to do with the celebration of Christmas and birthdays or participation in voting or military service have been held to be outside the realm of religious views that could be considered as a danger to a child’s mental or physical health when it comes to deciding custody in a divorce proceeding.”

“I have your citations, Mr. Riesner,” said Judge Milne.

“Mrs. Cruz has stated that she does not know what she would decide in the sad event that a blood transfusion was recommended for one of the children but that she would be open to the input of medical professionals in addition to the opinion of Mr. Cruz. Her community activities as a firefighter and fund-raiser for good causes should be seen not as a distraction from her mothering, but as a shining example to her children, and must be considered in the light of her overall excellence as caretaker to these precious children. She’s a superior mom and commendable human being, that is clear.

“Mr. Cruz, on the other hand, with his spotty work history and reprehensible immorality, brought his adulterous behavior right into his home. The best interests of these little children are to remain with their primary caregiver. Not to cast this as a morality play, Your Honor, but consider the character of the players. Consider Mr. Cruz. Moral turpitude, Your Honor. Sexual misconduct. A crime. Mr. Cruz may end up in jail, jobless. He committed statutory rape. I will of course be compelled to turn this information over to the district attorney’s office.”

Nina’s turn.

She started her own list, a list of Kevin Cruz’s practical virtues. “A careful review of the testimony given in this case shows that Kevin Cruz would make the better custodian of his two minor children.

“Lisa Cruz’s religious activities, while admirable, are extremely time consuming. To make up for the time she spends away from home looking for converts, she told the court she would take her children along with her door-to-door. We have previous testimony that this activity, while not necessarily harmful in itself, can in time generate painful conflicts between her and the children.”

At this point, she skidded hard into the mental-health problems suffered by Lisa Cruz, recapitulating the testimony of Lisa’s own doctor, hammering home his words “chronic depression,” and reminding the judge that her own doctor said Lisa Cruz’s chronic condition was likely to come and go for the foreseeable future and could be considered a lifelong disability.

“Now, as to Ali Peck. Mr. Cruz was in fact worrying about his children and did keep her away from them, as she testified. The point is, his children were not affected in any way by this affair. His marriage was in trouble. He was lonely. He made a mistake. What’s important, Your Honor, is that this affair lasted only a short time and is long over. A single misstep should not in any way overshadow the mediator’s recommendation and finding that overall Mr. Cruz is better suited to have physical custody.”

After she sat down, she caught her breath and, by chance, caught another unsettling glare from Lisa Cruz. After Lisa turned away, Nina scrutinized Judge Milne, trying to read him.

The judge was looking at Ali, who had taken a seat in the back row, probably picturing sweaty embraces observed by little kids. Nina almost saw the decision forming like a cloud over his face. He turned back to his notes. He had decided that an excess of spiritual seeking was better than an excess of lust.

They had failed. Ali, the trim little cadet, had dispatched Kevin directly into the lonely hell reserved for loving fathers without custody.

Okay, that wasn’t fair. Kevin had put himself there.

Her client had also spent the past few minutes studying the judge. One glimpse of his white, balled knuckles was enough to tell Nina he knew what she knew. After court adjourned, he stood in the doorway shaking, curling and uncurling his fists, apparently waiting to punch somebody out. Nina nudged him through the door safely, but once they got outside he ran after Lisa, who was walking with swift steps toward the parking lot.

“Wait right there. I want to talk to you,” he said.

Nina ran up behind him. “Kevin, no.”

“Leave me alone, Kev,” Lisa said. “I’m warning you. Stay away from me.”

“You stole my file, didn’t you? You talk ethics night and day, but you know what? I know the real you under that sanctimonious bullshit. You’d do anything to keep Heather and Joey. You’d lie, cheat, steal-anything. But now hear this. I won’t let you have those kids.”

“You have no choice, do you? Just had to have your little girlfriend. You cheated on me, and you cheat your kids, behaving that way, like an animal. You have nerve even talking to me today.”

Her composure pushed Kevin right over the edge into the abyss of his fury. “Watch your back, Lisa!” he yelled, shaking a fist at her. “Those kids are mine!”

Nina held his arm. “Don’t touch her. Please don’t,” she said.

“Don’t threaten me, you loser,” Lisa said. “I’m not afraid of you or your dipshit lawyer. I’m the one in control now. And you’ll be living with that for the rest of your days.”

Kevin looked at his fist, put his hands at his sides.

Lisa turned to Nina. “As for you? I’m not surprised you crawled out of the woodwork, that’s bound to happen with vermin. Maybe it’s a good thing. I finally can tell you exactly what I think of you. You disgust me. You’re a disgrace as a human being. Why am I not surprised you get your jollies out of hurting another mother?” With that parting shot, she pulled open the door to her car and drove away.