Crime & Punishment Pt. 03

I had intended that this would be the last part of this story. However, after reading the feedback from all those kind enough to comment and to email me I have decided to move directly into what I saw as a sequel. It also avoids my having to put what I am my editor saw as a weak end on the tale of Patrick and Laura. So what follows is just chapter three.

Two definitions for the non-lawyers:

Certiorari is a writ or order by which a higher court reviews a decision of a lower court. However, it is actually the actions of the lower court that are being reviewed. It is not an appeal.

The black queen is the queen of spades and she is the worst card you can draw in the game of hearts which is a favorite of law students and I do not know why law students favor this game.

Also I do not mind if you one bomb me, but if you do I believe you owe me an explanation. If you do not want to explain in public then please email me.

Finally a disclaimer. There are strong references to violence in this story and there are not willing cuckolds. If this offends you do not read this.

Thank you tchr for the help.

*****

Patrick

I am Patrick Sullivan, husband of Laura Parker. I guess the fact that she doesn't use my name says something about our relationship. Trouble was, until recently, I have been rather blind and deaf when it came to 'she who is soon to be my ex-wife'. Consider me one of the poor saps who get blinded by a real beauty only to wake up realizing he has made a big mistake.

Currently I am sitting in a courtroom, usually my favorite kind of place, but not today, since I am the client not the attorney. My attorney, Geoffrey Davis (call me Jeff), is explaining my case to Judge Roxanne Clearmont known affectionately throughout the Van Patten Courthouse as Rocky. Not after the fictional boxer, but the cartoon squirrel. I cannot say precisely why she has this nick name. Maybe it is that high grating voice she has.

Rocky is not listening to good old Jeff, whose principle qualities are that he is competent and reasonably priced. My wife's lawyer is another creature altogether. Angela Zink is a tall, cool blond in her mid-forties who could and is definitely trying to pass for thirty. She is not wearing the typical female lawyer uniform of dark pinstripes and black hose. Angela is dressed in a champagne-colored dress that falls to just below the knees and has a high lace collar. She is elegant and feminine and just by the by RUTHLESS.

I have been in enough courtrooms to know when I have been ambushed. So take my word, this is an ambush. It should have been simple enough. The separation agreement was signed. It was an unfair settlement, but at the time it was signed I was in a very angry mood and I did hold all the cards. I was threatening to put her boyfriend into the slammer. Yes I am a cuckold. Nonetheless, I expected to have to deal with my wife's people, and my temper had cooled, so Jeff was empowered to negotiate.

Laura had another plan. I knew that when she showed up in a new dress. It was not that it was new. It was what can best be described as a Suzie Homemaker dress. An 'Oh I bake cookies for the holidays as presents' kind of look. Her hair was back in a ponytail and she was sniffling into a tissue. Angela was kind enough to provide a box of tissues. Laura does not bake. Before we started living together, I am not sure she knew what a kitchen was. Her family joked about her lack of domestic abilities. She has three sister and they all make fun of her household skills. She is one high-powered bond attorney and not the least bit ashamed that she is no housewife.

I grabbed Jeff, "Put her on the stand, I guarantee she won't last five minutes."

Jeff could only look at me with frustration. He was getting his clock cleaned as it was.

"You have something to add here Mr. Sullivan?" Rocky asked.

"Your honor I was just asking my attorney to show the court that despite the way my wife appears today she is a very competent attorney not an abandoned housewife."

"The court is well aware of the parties' occupations. So let me remind you Mr. Sullivan this is not a criminal trial. There is not guilt or innocence here, there is only a troubled marriage," Rocky paused and then lowered the boom on me.

"I am persuaded that the parties may have separated in haste. The current law allows me to order counseling in appropriate cases. Since counseling is something that Mrs. Sullivan has already begun with, I might add, a nationally recognized counselor, and since she has agreed to cover the entire expense, I will order counseling here," she said and then mumbled something.

Jeff jumped up and was fool enough to ask what the judge had said that he had not heard.

"I said counseling once a week until such time as the court is satisfied."

Jeff was going to protest that he had never heard of such a thing, but I grabbed his elbow and stopped him.

"We've been hosed. The fix was in," I said, "No use crying." Then I nodded at Laura and her attorney and gave my best 'it isn't over yet smile.'

It took me two weeks to get a written order and then only after I threaten not complying unless I received it in writing. My friend Steven Fitzgerald looked over the order from Judge Rocky Clearmont with me.

"Well you have to admire Saul Solomon. He is one hell of a smart lawyer," Steve said shaking his head.

"You will forgive me if I find him a little less than admirable at this moment."

"Hey-Hey! Are you forgetting we're the bad guys here-he has truth, justice and the American way of life on his side not to mention most of the judges in this state."

"I don't see why he had to get involved." We were under no illusions that Laura had finessed the order for marriage counseling on her own. The logical opponent was the Zink bitch, but it had taken only a little asking around in the Courthouse grapevine to find out that Judge Clearmont had lunch with the Chief Administrative Judge the day before the hearing. Pull on that level had to come from a very powerful person indeed.

"You humiliated your wife and her lover both of whom are partners in his firm. People know you fucked them. The fact that no one can prove anything as long as Laura and Frank keep their mouths shut doesn't make what you did any less humiliating," Steve said.

"But this order is ridiculous it could never be sustained," I said.

"Patrick please tell me all this time you've spent in the DA's office hasn't rotted your brain?"

"No. I realize he does not need to win. He is playing for time, but how long can this hold things up," I said pointing to the order.

"Depends on what you do. The order says marriage counseling paid for by the other side with a report back in a month. It also selects the counselor who is well known and highly qualified. But it sets no end date and requires extensive travel. It further selected a counselor acceptable to your wife, but not you-all excellent appeal issues. Interesting issues designed to give a Court justification for spend time writing.

"Ok so how do I fight the big law firm with all the influence?"

"We play along. In six months I move the case back onto the calendar before good old Rocky."

"What makes her act then?"

"Certiorari -either she grants the divorce or we take her up for not deciding. Even if Saul tries to hold us up in the appellate court, we can force a decision and there is only one possible decision here—right!" Steven reasoned this out for me.

"As usual you're correct. I see it, but I hate to get pushed around like this."

"So how's this pride thing working out for you?" I could only grumble in response.

"Look this is the price you pay for revenge. I hope it's worth it," he said.

On the Second Tuesday in April, I found myself in an office building off Fifth Avenue in New York City. I had traveled down by train that morning- round trip ticket cost was $102. Not that much but over four hundred dollars monthly, just enough to break the budget of a poor ADA. They figured I would reach for the money I extorted from Patterson, and they would have me. I had to smile at how they underestimated me.

The address of the building was a respectable walk from Penn Station, but not impossible. The meeting was held on the seventh floor of an eleven story building. The office I eventually walked into was about as non-threatening as you could get. Magazines on the end tables mixed with coloring books and crayons. There was not a receptionist or secretary, a sign said to ring a bell which is what I did. A sixtyish woman in a hunter green dress that went to her ankles let me in. The inner room had four oversized stuffed chairs and a small coffee table. A small desk was pushed against the far wall. It was not a large room and it was lit and decorated to give a warm intimate feel.

Laura was already there. It was clear that the two had been speaking and I was in no doubt what the subject of the conversation was.

"Hello Patrick, my name is Bella. I prefer if we use only first names here. So it will be Bella, Laura and Patrick. Is that OK?" Bella said turning a pair of penetrating dark brown almost black eyes on me.

"I guess it has to be," I said

"I know you do not want to be here, but since you have to be, please give this a try. I only want to help. It would be a shame to throw away a chance at help because of pride," she said.

I just nodded.

"All right then the rules. You are expected to attend one session a week together and before that you each have a fifty minute counseling session with me to talk about whatever you want, but hopefully about why we are here." She paused then went on.

"You cannot miss a session without violating the Court Order; however, if something important comes up we can reschedule. In this case because of the open order I am to report monthly to the Court. I will inform the Court when I feel you are both ready to terminate the counseling. Is that acceptable?" she said looking at me not Laura.

I nodded my consent.

"Good, because you don't know me Patrick, let me say that I am an MD and a Ph.D. with thirty plus years in marriage counseling. I have written several books on the subject and currently teach at NYU."

"Now logistics, I am told you can be free Tuesdays Patrick, and Laura says she will make herself available that day."

"Patrick has night Court Tuesdays," Laura said like a wife casually explaining her husband's schedule as if nothing in the world was wrong.

"Tuesdays will be fine, but I need to catch the 1:20 train," I said.

"But we can drive down together," Laura said

"No!"

"No problem; there are early morning trains. I will see Laura at 9:00 a.m. then Patrick at 10:00 and finally the two of you at 11:30, that should leave Patrick plenty of time to catch his train. He can actually walk to Penn Station from here. But Patrick you two will have homework to do together and you may on occasion find it convenient to use the travel time to accomplish that. Not a requirement, just a thought," Bella said ending that part of the meeting

"All right first I don't make judgments or assess blame. I am not here to determine whether what has happened is good or bad. Second I do not separate you into the betrayed and the betrayer. The victim and victimizer you are two people in a marriage. One of you did something that has hurt the other. You both need to deal with it and accept your share of the responsibility for what happened. Not an equal share but some portion," she said

"So she cheats and I am to blame," I said.

"Is that what I said Patrick?" Bella asked as if she were speaking to a small child.

"What I said is that each of you has a responsibility, not equally. So you Patrick are not entirely to blame, but must share some responsibility for what happened," Bella said regaining her composure and giving me a look that said cool it buster.

"Finally, I am not here to keep you together. We will assess what is best here for the two of you. Hopefully we can make a consensual decision as to what is best for both of you."

After this she had Laura tell her about our marriage without our discussing the infidelity. While Laura talked Bella's eyes never left me. I got the distinct impression she was trying to look into my soul.

When the session was over she walked us out, as she did she leaned into me and whispered, "Pat I know you don't want to come here, but I hope you are man enough to take advantage of this."

That said we parted. I knew what Bella wanted, she intended to destroy my pride so that I would take back Laura and become my wife's doormat. It was not going to happen.

On the train back north I switched on my phone to the internet and checked the news for something to do. The Times Union had a headline up on its web site.

UNKNOWN APPOINTED INTERIM 'DA' IN VAN PATTEN

The accompanying article gave pretty much the bare facts. When I had been admitted to the bar, where I went to law school and how long I worked in the DA's office. Not much more, they didn't have more. That I assumed would come later, speculation would abound. Let them wonder. But best of all Laura would be furious. She would know how I did it, and more I would no longer be some helpless jerk she could just push around. I was the DA. I had a career, maybe only eight months' worth, but still for once I was somebody.

The following Tuesday morning at 10:00 o'clock, I had my first one on one with Bella Moskawitz. I arrived just as Laura left, I had waited until I saw her leave so I was a few minutes late.

Bella pointedly informed me that she expected me to be on time.

"How are you sleeping Patrick?" she asked.

"Fine, why shouldn't I be?" I asked.

"Well you clearly engaged in actions that are morally wrong, if not criminal- although I am not an expert on that as you are," she said.

"Well I do not see any proof that I have committed some crime."

"Is that your standard now? Your wife tells me you have very high moral standards. Is she wrong?"

"When did this become about my guilt. I am not the guilty party here."

"Is that what you really believe?"

"Where are we going with this?" I asked.

"Well I believe that you need to forgive yourself and I don't believe that you can until you forgive your wife. You see I have seen men like you before. You have betrayed yourself to avoid the pain that you felt over your wife's failing. Laura could not see how hurt you would be, it never occurred to her. I know that is hard for you to accept because your prospective is entirely different. Your wife's lack of intent does not mitigate the pain you felt. Your response was an attempt to avoid that pain, but it cannot succeed. You're only going to continue to hurt until you deal with the problem."

"I see so forgive and forget and all will be well."

"I did not say that. You need to forgive as a start and then do penance to restore your own self-respect. You can't live with yourself now and you have cut yourself off from the person who loves you the most in this world. Patrick you are lost, let Laura help you back to where you were."

"Sorry, not buying this. She betrayed me. She gave herself to that worthless jerk. As far as I'm concerned she can stay with him."

"Fine, I am patient. You're going to come around, sooner would be better than later, but we can wait."

She was right in a sense, I was missing Laura. The last week had been dreadful. Being what amounted to a lame duck DA was anything but easy, especially when the upper staff had reason to hate your guts for upsetting the cozy little situation they thought they had. The senior staff in the Van Patten DA's office thought they could grab the brass ring and leave the work to others. I had upset that plan. Now it was work for me or get out. They were leaving as fast as they could find any place to land. On the other hand a few looked on me as some kind of hero. Odd, that only made me feel worse like I had not earned it, somehow I stole it, which if I was honest was the truth.

"So tell me Patrick what do you tell people who ask how you became DA?" Bella asked. The woman was astute, she could hone right in on your weakness.

"Don't you read the Schenectady Gazette? I am a former student of the Governor. He is my mentor and plucked me from obscurity because he perceives my innate ability," I said, but I couldn't suppress a smirk and she had to smile with me.

"Does anyone believe that?" she asked.

"Everyone believes it to the point that it is now the truth. As we lawyers say, never confuse the facts with the truth. Facts only confuse a jury, get in the way of what they want to believe," I replied.

"I hadn't realized you were so cynical," she said.

"Live and learn."

"Just as I suspected, your wife is no more than a convenient target, the issues go much deeper don't they?"

"Your good, but this is going nowhere. She cheated end of story."

"No, I think not. You let her cheat to give yourself an excuse, a justification for your actions. Poor Laura was trapped by circumstances. She sees herself as much more responsible than you. More the dominate partner, but that is an illusion the power has always been on your side all you had to do was flex your muscle."

"You sure of that?"

"Yes, but I wonder when will you take pity on this poor girl and stop punishing her for being weaker than you are?"

"So much for my being the injured party and the responsibility being shared," I said.

"Did you think I was so blind I could not see the truth or did you intend to blind me with your lawyer tricks?"

"So she gets to bed other men and I am to just stand and watch."

"She wanted what most if not all women wanted a child. She put it off to have a career, but it was eating at her. She was easy prey for a man like Patterson. She had a husband but he refused to protect her. Perhaps he doesn't really love her?"

"I loved her and I knew I couldn't stop her. She didn't believe in me."

"So you showed her."

"Yes."

"So forgive her, it is the decent thing to do, she is in so much pain."

'The quality of mercy is not strain'd. It droppeth as the gentle rain from heaven Upon the place benieth: it is twiced blest; It blesseth him that gives and him that takes: Tis mightiest in the mightiest...'

"Should have known you would quote a woman lawyer, but what happens to me, how do I call myself a man if I accept this?"

She turned those dark eyes on me and said: "I believe in you Patrick you are truly brave you will not fail me. You have too much courage to be afraid of what people will think."

_________________________________________________________

It was four a.m. on a Sunday morning; and, if you didn't count today, I had been DA for all of twelve days. The house on Indian Hill Road was a modest two bedroom ranch, the kind with a garage at one end that you eventually made into a bedroom or to which you added a wing to make an ell shape. It probably sold for over a hundred grand at the top of the market a few years back, but was now abandoned in the bust that followed. Until now the only crime that had ever touched it was the mortgage fraud game played by America's largest banks and their accomplices in the Federal Reserve and the US Treasury.

Sergeant Brandt of the Sheriff's patrol met me on the front porch. He was somber in manner.

"It's in here," he said in almost a whisper leading me through the front door which led directly into the living room.

In the room's center was a headless corpse. It was a gruesome scene, and I could not shake a sense of unreality. The shag carpet was soaking up the pools of blood beneath the corpse. The carpet did not look all that old and I wondered if the former owners had agonized over the color and depth the way Laura and I had in our little house. It was now that I missed her most. She would not be there when I returned home to share this burden and add her strength and intellect to my own. There were three additional Sheriff's deputies huddled out of the way in a corner and my chief investigator squatting by the body on a dry area of carpet.