Mental Toughness Pt. 01

Amber and I talked about the future when I got the Interim DA's job. We agreed that as soon as the new DA was elected that we would start a family.

After I had been Interim DA for about six months on four separate nights, when I didn't have to work as long as I had thought that I would, when I got home Amber wasn't there. They happened to be consecutive Tuesday and Friday nights. I didn't ask her where she had been when she got home, and she didn't volunteer anything. We did not have sex those nights, but she was her normal warm self.

One of the nights I thought that I smelled marijuana on her clothing. We had had a talk before marriage about marijuana use since it could prejudice my position as a criminal attorney - and we talked about again when I became assistant DA, when it was even more important. Unlike some jurisdictions where even social use of marijuana is condoned, even if not allowed under state law, our state still had very serious penalties for even marijuana possession, and a low threshold of what amount in one's possession had the presumption of intent to sell. Smelling marijuana on her clothes really concerned me.

It was time for another mental toughness exercise. I was conflicted about doing it, but the next Tuesday in a borrowed car I waited outside Amber's office building; in an illegal parking space. One cop approached me but I showed her my DA badge and politely told her that I was on a stakeout. She smiled as she left and wished me good luck, probably wondering why the DA personally was on a stakeout but figuring that it was none of her business.

The parking lot that Amber parked in was across the street from her building. About 5:30 I saw her leave her building walking with a guy. I immediately recognized him from social events sponsored by MegaBank. It was John Barnes, a Senior VP at MegaBank, about forty five years old, tall, good-looking, black hair with slight graying at the temples, and single. He had a bad reputation for womanizing.

When Amber's car left the parking lot I followed her. A red Mercedes 500 SL is not difficult to tail, even for a neophyte like me. She arrived at a large house in Suburb Y just as John was getting out of his car in the driveway. When Amber got out of her car she immediately walked up to him, and they went arm-in-arm into what was obviously his house.

I was shocked, appalled, and devastated. I was also confused, because aside from Amber being late four nights, and me smelling what I thought was marijuana once, I hadn't noticed any change in her. Certainly there had been no change in our satisfying - at least to me - sex life.

I stayed and watched as a Chinese carryout place delivered food to the house. Once it was dark and what would have been an hour after I thought that they would be finished with their meal, I snuck up to the house. I could see into the living room well enough through a curtain that was sloppily closed to see Amber sitting on a couch without her top on, her glorious tits on display, and a smile on her face. I couldn't actually see Barnes, but I did see his hand, on his bare arm, pass a joint to her while his other hand squeezed a tit. She smiled more broadly.

That was all that I needed.

I went to Amber's car; despite my many warnings to the contrary she had left the door unlocked. With gloves on I popped the hood, detached three spark plug wires, and closed it back up. I knew that neither she or Barnes would have the wherewithal to fix that minor issue themselves, so they would need to call a mechanic or tow truck, and there would be a report somewhere about it.

I couldn't resist deflating one of Barnes' tires too. I didn't ruin it, I just let the air out using a simple air gauge. Childish, I know, but it made me feel a little better - very little.

I went back to my office and immediately started research. I had no intention of facing Amber that night, and certainly didn't want to sleep with her.

I found out much about Mr. Barnes in just three hours of research. I had access to data bases that MegaBank, or his previous employers, would not have had access to. I found out that he had had a previous arrest for marijuana possession in another state but since it was for a small amount and since the laws in that state were more lenient than in ours, he had just been given community service. I also found out that the neighbors on both sides of his house were suing him, in different suits, in different property disputes. I had a complete outline of how I was going to proceed by the time that I finally went home, and thankfully found Amber asleep.

I left the next morning before Amber got up, and left no explanatory note. When I got into the office I called Jen and asked her if there were patrol officers that she had a good relationship with who worked the area where Barnes' house was on Friday nights. She checked up on it and called me back.

"The two patrol officers who are assigned to that area Friday night I have worked with in the past. I am actually chummy with the female officer since I helped her with a personal legal matter. What's up?"

I explained to Jen what I wanted. She concluded that what I was asking her to do was completely legal and agreed to help. That same day, Wednesday, I filed an alienation of affection lawsuit against Barnes in Suburb Y but did not have it served. Until service there would be no easily located notice of it.

From a burner phone I called Barnes' neighbor who had the most acrimonious dispute with Barnes. I was to the point. "Mr. Smith, this is someone who has a beef with your neighbor John Barnes. I'd like to help you get a favorable settlement of your lawsuit against him."

"You've got my interest," Smith responded, "I hate that son-of-a-bitch."

"If I call you and give the go-ahead this Friday night, will you call the police and report noise and a marijuana smell coming from Barnes' house?"

"Can I get in trouble?" he asked.

"I assure you that you will not, although I am not at liberty to say why. One reason is, however, that there will be marijuana there."

"To clarify, so all I have to do is make one phone call?" Smith asked.

"Yes, and there is a 99% chance of a favorable settlement initiated by Barnes in the next few days," I replied.

"I look forward to your next call - I'm happy to help," Smith signed off.

Wednesday night was awkward at home. I'm not good at hiding my feelings, and Amber is very intuitive so she sensed that something was wrong. She didn't have to be a genius to have her suspicions confirmed when I declined sex, telling her that I had an upset stomach. I had never declined sex in our married life, nor had she more than a couple of times.

Thursday she called me at work and asked if we could have lunch together. I told her I was too busy. She asked if we could go out to dinner. I didn't want to completely screw up my plan so I said sure. I did a pretty good acting job that night at dinner, and I really could not refuse sex again that night without potentially blowing up my plan, so I fucked her doggy. While I was banging away, in my mind I was pretending that she was a whore who wanted it rough. I heard her sniffling as I fell asleep, facing away from her.

Friday was the big day. I followed her to Barnes' house again, and after an hour past the Chinese delivery guy's arrival I started driving home and on the way called Barnes' neighbor.

I had to return the car that I borrowed. I called Jen after I did and she told me that an arrest had been made at Barnes' house. I assumed that both Barnes and Amber had been arrested, so when I got home I was shocked to see Amber there. "Hi, Hon," was her apprehensive greeting, "did you get something to eat or do you want me to make you something?"

I wasn't able to put up with any more bullshit. I surreptitiously turned on my iPhone record app and asked, "What, not fucking Barnes tonight?"

She turned ashen. "What do you mean?"

"Well you've been fucking him the last few Tuesday and Friday nights - and God knows how much longer before then - so I wonder why you're not fucking him tonight?"

She collapsed in a chair, crestfallen. I had no sympathy as I continued "Admitting it is the only chance we have for reconciliation;" that was a lie.

She started sobbing. "I'm so sorry Brad. You're right, but I broke it off tonight; I didn't fuck him tonight and I won't ever again in the future - not him or anyone else besides you. I promise."

I turned off the record app. "I thought that you already made that promise before our parents and friends more than three years ago. I guess that you had your fingers crossed then, huh."

I had already packed the stuff that I needed and had gotten a room at an extended stay motel. As I picked up the suitcases and left she screamed "No, you can't go, it was just a stupid mistake; I love only you."

I didn't even turn to acknowledge her.

At first - and I emphasize "first"— things went exactly as planned. Saturday just before noon, Barnes called me on my cellphone. When I saw the caller ID I initiated the record function on my iPhone. In my state one-way consent is all that is necessary to legally record a phone call.

"Hi, I don't know if you remember me, but I met you a couple of times. This is John Barnes," he started out.

To "put him at ease" I said, "Yes, I know you - you're the asshole fucking my wife."

There was a pause. "Uh, well, I would like to talk with you about settling the alienation of affection suit you filed against me; I don't want it to go public."

"I didn't know that you were served yet," I said, knowing that he hadn't been but knowing that Jen, at my request, had shown it to him. If she did as planed she had made settling his pending lawsuits a condition of her considering whether or not to file charges against him, and let him out on bail over the weekend to think it over - normally he would have had to wait for a bail hearing on Monday.

"I wasn't, but someone brought it to my attention," he continued. After hemming and hawing a bit he asked "What would it take to settle this right now - before even service on me?"

"One hundred fifty thousand dollars and an affidavit admitting that you had sex with her; I would only use the affidavit in a court proceeding, not make it public. This is not a negotiation; either you take the deal or forget it; and once I serve you I'll make everything public," I said exhibiting a total no-nonsense approach.

After a delay he started to say "How about..."

I interrupted him. "What fucking part of what I told you don't you understand? Call me back within the hour to accept it. If I haven't heard from you by then, no deal. If you accept I will email you an affidavit, and if you don't execute it in front of a notary and get it back to me by the end of the day, no deal. I will need the money by Wednesday." With that I hung up.

He called back to accept. I emailed him the affidavit admitting that he had sexual intercourse with Amber the three Tuesdays and the two Fridays (I omitted the last Friday because he confirmed what Amber had said - she broke it off then), he signed it in front of a Notary and had it messengered to me by 5:00 p. m. I emailed him the settlement agreement, told him to sign it and get it and a check for $150,000 to me by Wednesday and he was off the hook. "Then you can fuck her all that you want," I snarled as my final words to him.

On my burner cell I called the neighbor who had reported him. He confirmed that Barnes completely capitulated in the property dispute that he had with him, and that the neighbor on the other side of Barnes told him that Barnes did the same thing with him. He thanked me profusely.

I called Jen on my burner phone and she said that everything had gone according to plan. "The cops found enough marijuana in his house to justify a charge of possession with intent to distribute. When I visited him in the county lockup about two hours after his arrest he was like a drowning man looking for anything to cling to. He agreed that he would immediately settle his three lawsuits - his face paled when I showed him the one from you - to prove that he was a good citizen and accept 100 hours of community service if I would not prosecute. I thought that he was going to kiss my feet when I got him released so that he didn't have to spend the weekend in jail."

"I really owe you," I told Jen.

"Yes you do," she said with an evil laugh, then hung up.

Amber had called my cellphone about ten times on Saturday, each time leaving me a message tearfully begging me to call her. At least that's what I assume that all the messages were, because I only listened to the first and tenth ones, and deleted the others without listening.

Monday morning just as she was leaving for work I had Amber served with the divorce papers, which included reference to split our combined assets 50-50 as provided for by her breach of the fidelity clause in the pre-nup. The process server told me that once he served her in the lobby of her condo that he had to help her to a chair, and after a minute or so she got up and walked back into the elevator to return to her condo, without opening the envelope.

Also on Monday I executed a new durable power of attorney, naming my brother as my agent for medical and financial matters, replacing Amber, and added a codicil to my will naming my brother and parents as the sole beneficiaries. I put the originals in my personal safe deposit box, and mailed a copy of each to my brother.

Wednesday I got the signed settlement and $150,000 check from Barnes. The settlement also included a provision that if I were seriously injured or died within the next ten years that the burden of proof beyond a reasonable doubt was on Barnes to show that he had nothing to do with it otherwise he would owe me or my estate $250,000.

I was feeling so smug - haughty even. That feeling deserted me on Friday morning at 9:00 a. m. when I got a call at my office from family court judge Susan St. John's chambers requiring me to come to a hearing at 2:00 p.m.