A Moment of Weakness (41 page)

“Well, they found it, and you can be sure they’ll use it against you.”

Jade didn’t miss a beat. “It’s true. They shouldn’t be parenting our kids.”

Tanner sighed. “I know that and you know that, but judges are part of the judicial system. And the judicial system is part of the U.S. government.”

Jade felt sick to her stomach. “So it’s me against them.”

“Exactly.”

“You’re really worried, aren’t you?”

Tanner paused. “Maybe because I know he’s my son … because I’ve seen how Jim is around him … I don’t know. But it’s going to take everything we’ve got to win this time.”

Remembering their conversation, she whispered a brief prayer. Then she checked herself in the rearview mirror and slipped on a wide-brimmed hat and a flouncy scarf, both of which helped hide her face. Her eyes trained on the ground, she climbed out of her car and headed toward the back of the courthouse.

The reporters kept their distance. Apparently they were assuming she would arrive with Tanner, so she made her way inside the building without pause and found Room 12.
Okay, Lord, give me the strength
. If she lost the hearing today, this would be the last time she and Ty would spend together alone for months. Maybe even years.

Tanner and Matt had arrived hours earlier and were going over their case one last time in a private office adjoining the courtroom.
As Tanner had predicted early on, the hearing would be heard by Judge Susan Wilder, and that fact alone sent shivers of apprehension through Tanner.

In their research over the past few days the lawyers at CPRR reviewed the cases Judge Wilder had heard. She had ruled that a Portland woman, Anna Jenkins, who’d been injured in an auto accident was entitled to only minimal compensation even though she was not to blame in the collision. In her ruling she stated, “Ms. Jenkins was carrying out a work-related task and therefore should have taken into account the hazards of the job.”

Matt had done further research and learned that the Jenkins woman was a volunteer with the local crisis pregnancy center and had been transporting handouts from the printer back to the center.

“In other words,” Tanner concluded, “the judgment went against her, at least in part, because of her involvement in the Pro-Life movement.”

There were other cases. A teacher at one of the public high schools allowed a Bible study to meet in his classroom before school each Wednesday. Time and again this same teacher was denied the stipend usually allotted to staff members who sponsor extracurricular activities. When the case reached Judge Wilder’s courtroom, she ruled in favor of the school district.

“In accordance with separation of church and state, it is my opinion that the school district does not need to compensate this teacher for his involvement in an extracurricular Bible study. Other clubs are supported by the U.S. government as being neutral and in the best interest of the students. Bible study—while not something we can forbid—certainly crosses the line that separates church and state and therefore cannot be supported by the government or the school district.”

After reading Judge Wilder’s decisions for half the day
Sunday, Tanner had taken to pacing the hotel floor. “The timing is perfect for Jade to lose here, Matt. Are you seeing that?”

Matt sifted through the briefs on the table. “If it could happen anywhere, it could happen here.”

“Jade’s husband couldn’t have picked a better judge if he’d paid for one.”

They agreed there was just one way to argue before a jurist with such obvious prejudice. And to that end they had spent the remainder of the day and much of the night preparing.

Now he and Matt were already set up in the courtroom. Tanner rubbed his eyes and knew that God alone had used that final preparation session to provide them the inspiration and ideas they would need to win the hearing. They were about to see if it would be enough to sway Judge Wilder.

An hour passed, and Jade entered the courtroom. She wore black slacks and a soft, blue blouse. Tanner smiled in approval. It would not help her cause to show up in a skirt with her hair in a bun. That was often how women with Jade’s convictions were portrayed by the media, but Jade—like most women of faith—wasn’t someone who fit stereotypes. It was important for the jury to see that a woman could appear very businesslike and intelligent and still have a deep faith.

The hearing was set to begin in twenty minutes, and when Jade looked at him, Tanner could see she’d been crying. He wanted desperately to go to her, hold her, and tell her everything would work out. But the reporters had begun to take their places, and every eye would be scrutinizing the two of them, looking for a chink in their very public armor of faith. They had dared to stand up for what they believed, and many members of the press would be anxiously looking for them to fall—in whatever way possible. A fall would mean conflict; and conflict made for breaking news.

Tanner understood the press well. He didn’t believe they were in a conspiracy against people of faith so much as they held to a standard party line. An unfair portrayal in a handful of newspapers meant other editors would see the stories and run similar layouts. The media seldom seemed to report the truth on any topic. Rather, they gave a series of perceptions commonly held by the handful of people who assumed powerful editorial positions on newspapers and news stations across the country.

He looked at the reporters gathered there and thought about what they would do to him—and to Jade—if they knew he was Ty’s father. It was something he would have to face eventually, but not until the time was right.

Jade made her way closer and took the chair next to him. Their backs were to the members of the press, and Jade leaned over and whispered, “I feel like a criminal or something.”

Tanner gave a slight nod but kept his distance. “In the eyes of some people here, you are. We both are.”

Jim and his attorney appeared and took their seats at the table earmarked for the plaintiff. By the time Judge Wilder entered the courtroom, spectators and reporters packed the seats.

Tanner had long since stopped relying on developing a rapport with the judges who heard his cases. He was openly conservative and an outspoken Christian. In other words, he was a marked man. The cases he won, he did so with the help of God and by leaning heavily on America’s founding fathers and the ideas they had expressed when writing the constitution.

Today would be no exception.

For the first hour, they heard testimony in favor of the current custody ruling. Jim’s attorney marched a handful of upstanding community members onto the stand, who one by
one testified that Jade’s views were extreme and bound to have a negative effect on her child.

“Why should a person’s religious viewpoint make her an unsuitable mother?” Jim’s attorney tossed out the question as if he were genuinely unsure of the answer.

The man on the stand, a long-time member of the local school board, raised his chin and glanced at Jade in disdain. “When a parent teaches a child to steal or kill, we have no trouble recognizing that as abusive parenting, and we do the right thing as a society. We take the child away.” He paused and resumed eye contact with Jim’s attorney. “Mrs. Rudolph is teaching her son to be insensitive to the diverse nature of our culture. She is teaching him to hate. And that—whether we’re ready to recognize it or not—is abusive parenting.”

Things couldn’t have been going worse.

Matt took notes furiously while Tanner listened and provided cross-examination. As a rule, he stayed away from anything that might appear argumentative. They would not win this case by getting in a fighting match with the plaintiff’s witnesses. Rather, they would have to present their facts in a manner both calm and approachable, assuring the judge they had nothing to hide.

Tanner knew too well that when a Christian flew off the handle or yelled out in court or showed up carrying banners with Bible verses, newspapers ran photos of the event across the top of the page. This fed the media perception that believers were extreme fanatics, which in turn fueled public perception. Tanner’s job was to show these reporters how different Jade was from the right-wing image they’d bought into over the years.

The last bit of testimony presented in favor of Jim Rudolph was a journal entry written by Jim and dated just three weeks prior.

Jim was called to the stand to read it and verify that it was an accurate portrayal of the events as he understood them.

“Today I took Ty home from school after basketball practice. While we were driving, he asked me if I believed in God.” Jim paused and glared at Jade. “I told him I did not believe and that this was my choice. I told him everyone was entitled to his or her different beliefs.

“At that point my son became alarmed and told me I was wrong. He said there was only one way to heaven and that was through Jesus Christ.”

Jim practically hissed the last two words, and Tanner felt a stab of sorrow for this man who could so openly defame the one who had created him. At the same time Tanner was fiercely proud of Ty. And of Jade, for teaching him the truth.

Jim took a drink of water and continued reading his journal entry. “I told the child that not everyone needed to believe in Jesus Christ. Some people believe in other gods. Some people believe in themselves. I told him he should be tolerant of what other people believed because that was the best way for them.”

Jim’s attorney nodded in agreement, and Tanner thought he saw the judge do the same. Clearly this was the accepted doctrine in U.S. courts today. The fact that Jim had tried to correct his son with this modern-day “truth” would make him nothing less than a hero in the eyes of too many government officials.

Jim continued. “But Ty looked at me and told me again that I was wrong. He said he was worried that I would go to hell if I didn’t accept Jesus and believe in him. He said he knew Jesus was the only way to heaven because that’s—” he paused—“what his mother told him.”

An almost imperceptible look of dismay crossed Judge Wilder’s face. Tanner held his breath.
Dear God, let her be at least partially open to what I have to say. Please
.

He glanced at Jade, at her eyes filling with tears, and he mouthed a silent exhortation: “Pray.”

She nodded and briefly closed her eyes.

The attorney directed Jim to other slips of paper that contained additional journal entries. In each there was a reference to faith and the fact that Ty had credited his mother with teaching him to believe.

When it was time for Tanner to cross-examine Jim, he decided to stick to the journal theme. “You brought lots of journal entries with you today, didn’t you Mr. Rudolph?” Tanner forced himself to remain calm, casting a smile in the other man’s direction.

“Yes. I’ve been very careful about taking notes for the past few months.”

Tanner nodded. “Very well. Then could you locate the journal entries wherein you record your concern for the boy’s safety?”

Jim drew a blank look and turned to the judge for help. “Answer, Mr. Rudolph.” Judge Wilder adjusted her robe and crossed her arms firmly in front of her.

“I don’t understand the question.”

“Very well, let me rephrase it.” Tanner wandered closer to Jim. “I assume that you are concerned with the child’s safety. That you believe Mrs. Rudolph is a danger to the boy, is that right?”

“Yes. She’s a danger to his mental health.”

“All right then, did you bring any journal entries that describe episodes where you feared for the boy’s safety?” Jim shook his head.

“Answer out loud for the court, please.” Judge Wilder’s reminder was pleasant but firm.

“No, I didn’t bring any.” Jim all but snarled his response.

Tanner let his surprise show on his face. “You didn’t bring any … or there aren’t any? Which is it, Mr. Rudolph?”

Jim exhaled dramatically. “There aren’t any.”

“So are you telling this court that you have no record of any incidents wherein your wife mistreated the child in question?” Tanner stopped directly in front of Jim.

“She mistreated him all the time.” Jim sneered in Jade’s direction. “I just didn’t take any notes.”

The reporters scribbled furiously, and Tanner stared hard at the man. In that instant he would gladly have pushed Jim Rudolph over a cliff. After how he’d treated Jade and Ty, it was all Tanner could do to continue quizzing the man without losing control.

“Objection. The witness is answering beyond the scope of the question.”

Judge Wilder glanced at Jim. “Sustained. Keep your answer specific to the question, Mr. Rudolph.”

“No. I didn’t keep track in the journal.”

“Very well, Mr. Rudolph, since you’ve chosen to open the topic, please tell this court of any incidents where your wife mistreated or abused the child in question.” Tanner couldn’t bring himself to refer to the boy as Jim’s son. Not now.

Jim squirmed on the witness stand. “Specific events?”

Tanner planted himself in front of Jim. “Yes. Whatever events of mistreatment or abuse you can recall.”

Jim paused a moment. “I’m not sure I can recall them at this time.”

Again Tanner nodded. “Very well. So is it correct to say that you do not have record of any instance wherein your wife mistreated the child, is that right?”

“Right.” Jim mumbled the word.

“Speak up, please.”

“Right!” Jim barked the word, his eyebrows angled toward the bridge of his nose. Tanner smiled.
Good. Get mad. Make the judge’s decision that much easier
.

“And you also cannot recall any specific instance where your wife abused the child, is that right?”

“Yes.”

“Thank you, no further questions, your honor.”

Tanner expected Judge Wilder would take a brief break before he began calling witnesses in Jade’s defense, but she plowed ahead.

“I am not unaware of the stakes in this case.” She motioned toward the back of the courtroom. “Virtually the entire country is holding its collective breath outside those courtroom doors. Therefore there will be no breaks until I have heard all the testimony.”

Tanner took his cue and called his first witness, Jackie Conley, Jade’s friend from the Bible study group. Jackie had a master’s degree in psychology and worked part-time as a counselor in a firm that dealt with high-level management clients. She was articulate and straightforward and delivered a glowing opinion of Jade as if she’d spent hours analyzing her.