Boston to Birmingham Ch. 03

He started back to his table, when he turned and addressed the judge and jury one more time.

"With your indulgence, your honor, My learned opponent made some valid points. She may feel she's serving a life sentence, but she's a young vibrant woman, beautiful, rich beyond the wildest dreams of most of us in this room. She could fly in her fathers' jet to Paris for lunch, and be home in time for dinner. The cost would be about the same to her as it would be for one of us to walk down to The Hash House for their daily specials."

"Sammy won't have that luxury, when those bars slam shut he's done forever. While she worries about which designer should make a new creation for her, he'll be worrying about getting gang raped in the shower. Quite a difference, wouldn't you say?"

"And if by chance Sammy doesn't go to prison for life, he'll be a lot like me. He and I are serving life sentences of our own. In his case it was a car, in mine a woman. We knew they were far above anything we could hope to possess, but we had to keep them for a little while, even if they destroyed us."

"That's our life sentence, remembering for a brief, fleeting second how good it felt to touch them, knowing in your heart they would never be yours. "

"Thank you, jury, for your time and service. I don't envy you your task."

"Defense rests, your honor."

"Damn you, Hardy Wilkes," she thought, "if I had a dollar for every tear I shed for you I'd have another fortune to my name."

No one mentioned her tears as the jury listened to their instructions and filed out.

Five hours later the verdict was in. Sammy was convicted of unlawful use of a vehicle, a misdemeanor. He was sentenced to six months in a minimum security prison, one that maintained and cleaned state vehicles. The judge thought it fitting.

Hardy had Sammy shake everyone's hand and thank them. The jurors, the judge, even Gwen, who surprised everyone by hugging him.

The whole courtroom watched silently as she approached Hardy with her hand out. He took it without hesitation.

"Good job, counselor, justice was served here today. And just so you know, I've decided to stop fighting the divorce. Take your freedom, I won't hold you back. Just know, if I could see any hope of us being together again, I'd beg you on my knees on the courthouse steps to just talk to me. Goodbye, Hardy. I love you."

The judge watched and listened. This was just wrong. Everybody but the stubborn jerk Hardy could see it. He had a little research to do on these two, didn't need to put it off any longer.

...............................................

Greg wondered what the judge from Alabama wanted. He had left a message that a return phone call was urgently needed. He knew it was about Hardy or Gwen. He wasn't worried much about Hardy, but had real concerns about Gwen.

She had called him, told him to tell Ivan to just let it go, it was finally over. He could hear the despair in her voice, and the resignation.

"Are you sure, honey? I know he still loves you, but he won't admit to it."

"It doesn't matter if he loves me anymore, daddy. He'll never forgive me, every time he looks at me I know he sees Allan and I together. He can't forgive me, and I can't live a half life anymore."

He felt a profound sadness for Hardy, Gwen, even for himself. He had really hoped they would get back together.

He dialed the number, and the voice of an old man answered.

"Good evening, this is Greg Canaday, returning a phone ca......"

"Damn boy, I was about to give up on you."

The judge sounded impatient.

"You don't know me, but I know your daughter, and I know your soon to be ex son in law quite well.

I presided over her last case, I was glad to see she was actually happy she lost. Did you follow it?"

Greg had, there were already articles calling for the modification of the three strike law appearing in newspapers throughout Alabama. Even the most conservative ones were grudgingly admitting modification had some merit. There were several photos of Hardy and Gwen in the hometown papers.

"Yes I did. I was proud of them both."

"Good. Listen son, I'm seventy four, I ain't gonna walk this earth much longer. Before I go I want one last chance to do something good. Those kids need to stay together, I don't give a damn how much they fight it. I got an idea. You willing to help me?"

Greg considered the idea. Did they really need to stay together? Did he really have any right to meddle anymore than he already had in their lives?

Yes. And no. But it wasn't going to stop him.

"I'm in, judge. What do you have in mind?"

He listened and his smile grew wider. He couldn't wait to meet the judge in person. his plan may not work, but it would sure be fun to watch.

He flew down Friday, and spent the weekend with the judge. After discussion, Hildy and Joshua were brought in. Scenarios were proposed, discussed, abandoned, or modified until the finally had a plan they could live with.

Hildy summed it up best.

"Well, I expect things will be apoppin' come next week."

Greg stopped by to see Gwen, surprising her by taking her to the best restaurant in Birmingham.

"Honey, I can't begin to tell you how proud I am of you. I had serious doubts when I sent you down here, but you have proven me wrong on many different levels. You're not a spoiled little rich girl anymore, you're a mature woman and an excellent attorney."

He had no idea what his praise meant to her. It was a validation of her efforts, her determination to be a better person.

"Thank you, daddy. It means the world to me to hear you say that."

He looked uncomfortable, surprised his approval meant that much to her.

"That being said, Gwen, I'm releasing you from your promise. Come back to Boston any time you're ready, the partners and I agree you'll be even more of an asset than you were before you left. And I've freed up your trust fund, you can draw on it whenever you like."

She sat there, tears flowing and conflicting emotions raging across her face. With determination, she gave him a reply that swelled his heart with pride.

"Thanks, dad, but I owe Paul another ten weeks, and truth be told I kind of like it here. Release the trust fund when I get back, I don't need the money right now. Can I give you a decision after the Escobar trial?"

"Gwen, you're an adult now, do what you want. If you decide to stay here for the rest of your life, I would be sad but support you. I love you, baby."

She started sniffling again.

"Damn it! I've cried so much the last year everyone down here thinks I'm related to Tammy Faye Baker."

He gave her time to recover.

"Gwen, you don't know how many times I've regretted meddling in your marriage, but I've got something to present to you. It will be entirely up to you to proceed or not. You don't realize how many friends you have down here. I've been called Uncle Greg by so many people I can't keep up with them. Nice to have a big family, huh?"

She nodded, two people had already come up to her in the restaurant, greeting her as Aunt Gwen. She had long ago stopped trying to remember them all.

"Spill, daddy, what nefarious plan have you hatched to complicate your poor daughters life even farther?"

He told her. She was shocked at first, but then her lawyer side took over and she recognized the merits of the plan.

Monday she set the plans in motion. By Friday it was a done deal.

..............................................

"Hellsfire and damnation!" Hardy burst out.

He had been served on the courthouse steps. For divorce. Seems Gwen had gotten a local judge to change the venue from Boston to Birmingham, as they were both legal residents of the state.

There was even a court date, and grounds were listed as adultery.

He called his lawyer in Boston, ranting.

"I thought this was a done deal! The final decree was due in two weeks. What happened?"

"You got me. All I can tell you is I was served with a petition to change venue, and the judge signed off on it. Truthfully, he seemed to be relieved to be rid of the whole mess. I heard of a divorce in Florida that took over a year, two lawyers in that one also, but this one will set a new record. Then, after all that, they remarried. I wish you luck, Hardy. You'll get my bill in the mail."

They were back to square one. He had no choice. Retaining a new lawyer, he started the whole process all over.

The first court date approached, and his lawyer insisted he be there. In fact, the judge wanted them both to be present.

He fought the idea but lost.

"I don't know what to tell you, he's pretty insistent about it. He's not the usual judge in these matters, she's on a medical leave of absence. Hear he's a crusty old coot. Best not to piss him off."

That should have tipped him off, but he had too much going on to pay close attention.

.................................................

He was on the court steps with his lawyer, waiting to enter.

Gwen and her lawyer arrived, and they stood on the steps, together but apart. She nodded but made no effort to speak.

Hardy was completely taken aback when the judge entered the courtroom, then he got a sinking feeling in his stomach. Judge J.T. Harlin, in the flesh.

Preliminaries out of the way, he had the first case called.

"Wilkes v Wilkes, your honor."

"All right kids, who wants to go first?"

Gwen and her lawyer were a little faster in responding.

"We will your honor."

"In lieu of opening comments, I'd like you to allow Mrs. Wilkes to make a statement."

Judge Harlin looked over his reading glasses, staring at Gwen.

"Proceed."

"Your honor, I wish to withdraw my petition."

His lawyer had to practically wrestle him back into his seat. Judge Harlin stared him down.

"Boy, if you cause the least little disturbance, I'll postpone these proceedings for six months. You hear me?"

Hardy nodded.

"I'm sorry, I expect a verbal response."

It was almost a growl.

"Yes, your honor, I hear you."

"Good. Now Mrs. Wilkes, you were saying?"

"I wish to withdraw my petition, your honor."

"Why?"

"Because I still wish to be married to Mr. Wilkes."

"You're going to have to do a little better than that. It's my understanding you're separated due to infidelity on your part. Why try to hang on to him?"

"I can't stop loving him, your honor. I tried, really really tried. I even agreed to the divorce, felt like I owed it to him. But the separation and other factors have forced me to grow up and see the world as it really exists. The more I learn the more determined I am to try to hold onto my marriage."

"Except for my career, I've pretty much failed at everything. I wasn't a good daughter, and even worse wife. I lied about my expectations of the marriage to get him, then tried to manipulate him to keep him."

"I had no idea the type of man he was. In that sense, he was as guilty as I at lying and manipulation. Had I known his history, I may not have even pursued him. I thought he was a mild mannered softy, even a bit of a wimp. So I started disrespecting him, in many ways. The cheating was the final insult."

"Only under great stress did I learn his true nature. Even then, when he had every opportunity to kill me, he seemed genuinely sorry for the one blow he gave me."

Judge Harlin, watching her closely, believed her.

"Tell me, Mrs. Wilkes, do you think he's capable of returning your love? You hurt him pretty bad.

And I've heard through sources that need not be mentioned he did a little more than slap you when he found out. Can you live with a man capable of doing something like that?"

She had no hesitation.

"Yes, your honor. For one thing, I think he's ashamed of what he did, and for another I'll never give him cause like that again."

"Thank you, Mrs. Wilkes."

He turned to Hardy.

"Would you like to make a statement, Mr. Wilkes."

His lawyer stood.

"Your honor, my client does not want to make a statement. He desires the divorce to go forward, but be altered from grounds of adultery to irreconcilable differences."

The judge raised an eyebrow.

"That so?"

"Yes, your honor."

"Mr. Wilkes, please stand."

What now? he thought as he stood.

"Mr Wilkes, did you love your wife before this 'incident'?"

"Very much, your honor. But that doesn't mean I..."

"Don't add nothin' boy. Yes or no will do."

"Do you hate her now?"

"No, your honor, but..."

"Son, you are trying my patience. Yes or no, DO YOU UNDERSTAND?"

"Yes, your honor."

"Good, now is your life better without her? Remember, yes or no."

"No."

"Do you miss her and what you had?"

"Yes."

"Now, this one will be real simple, and you can actually talk. Walk up to her, go on. Miss Gwen, meet him halfway. Stand in front of me."

They met before the bench.

"Now Hardy, all you have to do to get your divorce is look her in the eye and tell her you don't love her anymore. Go on now, it ought to be easy if it's over between you. You can speak now."

Thirty seconds went by, a minute. The judge got impatient.

Hardy finally spoke.

"What's love got to do with it? I had a dog when I was a kid, a pit bull, one of the blue ones, the Warlock line. It was the most beautiful dog I had ever seen. I raised it from a pup, spent every second I could spare with it. One day, out of the blue, it bit me, hard enough to need stitches. I still have the scars. It went right back to the way it was before, never offered to bite me the rest of its' life. I still loved it, but I never trusted it again, never let my guard down around it. I still want the divorce, love is irrelevant. Trust is the thing. I'm afraid she'll bite me again."

The judge tried his best to stare him down.

"This ain't the time for you to channel Tina Turner or the Dog Whisperer. Tell her you don't love her and it'll all be over"

Hardy stood, silently. The judge grew impatient.

"Go on, boy, do it. We got other people waiting to ruin their lives. Make it simple. TELL HER!"

Hardy started to speak, drew a breath, couldn't get a word out. For the first time Gwen saw tears from him. It was the sweetest, most terrible thing she ever saw.

The judge grunted.

"Thought so. In my legal opinion, this marriage is savable. That being settled, it is my order you should seek a marriage counselor for a minimum of five visits, result to be reviewed by me. If after that..."

Hardy finally found his voice.

"Now just a damn minute, J.T., I won't..."

"That'll be a five hundred dollar fine for interrupting me and swearing in my court. We got kids present, doggone it! Now, as I was saying, a minimum of ten sessions to be..."

Hardy was practically jumping up and down.

"If you think for one minute I'm going through with this mickey mouse..."

The judge actually broke his gavel.

"Last warning. Shut up or get locked up. Your fine just went up to a grand. Where was I, oh, yeah, a minimum of twenty sessions with a counselor of your choice."

Hardy turned on his heel and started out of the courtroom.

"MR. WILKES! GET YOUR BUTT BACK HERE THIS INSTANT!"

He didn't slow down until he reached the door, only to find it blocked by two bailiffs and a deputy sheriff.

The old bailiff tried to reason with him.

"Back off, Hardy. You could probably whip us, we're old and out of shape. That's why we got court duty. But we got these handy dandy taser thingys, and I don't think you can whip all three of them. Now go on back before J.T. has a conniption fit. He already looks like he's mad enough to bite the head off a snake, and aggravation ain't good for his blood pressure. We're asking nice, boy, go on back."

Hardy looked at them and felt his anger evaporate.

He turned and approached the bench.

J.T. waved his broken gavel at him.

"One more word, one more anything and you're in jail, contempt of court. Do you understand? Good. Now, get a counselor, set up appointments, and Hardy, so help me, blow one off and you'll be in jail before the night's out. You got it?"

Hardy nodded, went back to the table, and whispered to his lawyer. The man shook his head no violently, but after a few seconds hung his head.

"Uh, judge, Mr. Wilkes wishes me to repeat what he just told me, verbatim. Remember sir, his words, not mine. May I proceed?"

J.T. nodded, what could he be up to now?"

"Sir, he wishes you to know he has lost all respect for you as a jurist. This engineered, distorted misuse of the legal system makes him ashamed to be a lawyer. Kangaroos would cringe at the goings on today. He is adamant in his refusal to attend such an exorbitant amount of counseling sessions, preferring to surrender himself to the jail at your convenience to begin his incarceration for contempt."

The lawyer seemed to cringe, waiting for the explosion.

For a minute, Gwen really thought the judge was going to have a heart attack. He went, pale, red, then purple. He couldn't form words for a few seconds. He was practically screaming when he finally did speak.

"Sir! Your client is an idiot. By God, right now is convenient. Bailiff! Escort Mr. Wilkes to the county jail, immediately."

"Mr. Wilkes, without doubt you are the stubbornest

individual I've ever met. Stew for awhile, I'll be down to see you in a couple of days, see if your attitude has changed. If not, you will remain a guest of the county. Want to apologize now?"

Hardy grinned.

"I apologize J.T., for nearly giving you a heart attack. You really need to take it easy. You might die before you come to see me. Then where would I be?"

The judge was so mad he was beating on his desk with his shoe.

"Get him outta here! And get me another gavel! Court is recess for twenty minutes. Miz Wilkes, could I have a moment of your time in chambers? You won't need your lawyer."

Gwen helped him into his chambers. He was still fuming.

"Try to help a fellow out and this is what you get. Stubborn, arrogant,...." The judge rambled on for a few minutes.

He looked up.

"Sorry, darlin'. I didn't think he would get this mad."

"Well, judge, you did kind of push him, and he has a reputation of not liking to be pushed. Are you really gonna leave him in jail?"

"Nah. I'll let him stew for a few hours, then go talk to him. Maybe we'll both be calm enough to reach an understanding. Still wanna go through with it?"

"Yes sir. Offer him ten sessions to start, but make sure he knows there may be more. Tell him he can pick the counselor, that might help."

She turned to go. Looking back over her shoulder she gave a parting comment.

"I don't know what's in this for you, sir, but thank you. And judge, tell him I still love him, no matter how angry he gets."

.................................................

Will Rob Williams, the high sheriff of Jefferson County, was about to go to lunch. A county sheriff in most Southern states is practically the right hand of God, with an amazing amount of discretionary power. They know the good guys, the bad guys, and the idiots. They know who can be dangerous, who the really serious players are, who the rank amateurs are. Pretty much nothing moves in their jurisdiction that they're not aware of, sooner or later.

As he was leaving his office he saw a prisoner being escorted to the cells. He noted the man wasn't restrained, a violation of procedure.

He strode over to find out who was escorting him, and make a note to chew his ass when the time was right. Something about the man seemed familiar.

"Well, Lord almighty, if it isn't the notorious outlaw Hardass Wilkes! I heard you were back, kept meaning to look you up, but you know how it is. Protecting and serving and everything to go with it. Somebody finally get the goods on you?"

His grin was a mile wide as he reached out to shake his hand.

"Good to see you Will Rob, How's Myrtle, still too good for you?"