She's My Kind of Rain

"If you didn't know," The defense lawyer asked? "Did anyone know?"

"Only her school counselor," Mr. Thomas said. "It was she that got my daughter Simone to go to them because she did not legally require our approval."

"How old was your daughter at that time?" The defense lawyer asked.

"She was just eighteen and still legally a minor according to the laws of the state." Mr. Thomas answered.

I have no further questions from this witness your honor," The defense lawyer said. "At this time, I wish to call Simone Thomas to answer a few questions."

The Judge knew this new lawyer his son in law Dale Allan Britton was up to something he just didn't know what. Dale and his daughter Rainey had gotten married just eight months ago. One month ago, Dale had passed the bar. This was a pro bono case for him because he hadn't officially joined the District Attorney's office.

Simone returned to the stand since she had already been sworn in.

"Ms. Thomas, is it true that you had planned to abort the child you delivered now known as Simon Thomas?" Dale asked.

"Yes," She replied.

"Why?" Dale asked.

"It is commonly understood that a fetus is not actually a child until it is born. The law had ruled that the man is just a sperm donor and is not relevant in how a woman should treat her body. Therefore, the rights of the father do not apply to what's growing inside of her. In the eyes of the court, he has no legal standing. Shows that even the court believes the men are nothing unless we feminists agree to acknowledge them." Simone boldly explained.

"So, the defendant Mr. Colin Richards learned when he was supposedly a father?" Dale asked.

"If my father hadn't of told him two months ago," Simone said, "He still would not have known."

"How did your father get that information," Dale asked?

"It was I that told him because I got sick of his pestering," Simone freely stated.

Dale then took a piece of paper and then handed it to the judge to look at. It was a copy of the birth certificate form from the hospital where the father's name was marked as unknown. After the judge had handed it back. Dale handed it to Simone.

"What does it say on the birth certificate Ms. Thomas," Dale asked? "Concerning the father."

"Father unknown," Simone said.

"Since what you submitted to the state is considered a legal document, "Dale said. "Where you lying then or were you lying to your dad? Which is the truth."

When Simone said nothing Dale went on, "Do you feel that your father could have put enough pressure upon the defendant to step up and agree to take responsibility for something that isn't his?"

"One last chance Simone to be honest to us all," Dale said. "What are the true facts? Since the baby is now four months old shouldn't we all know what the truth is."

After waiting for a few Dale addressed the court.

"Your honor when you ponder over this case before making a decision," Dale said. "That Simone in refusing to answer my last few questions are actually in fact by her conduct providing an answer."

The judge looked over at the plaintiff's lawyer who stood up and said, "Your honor I request an adjournment until we get a DNA test done to prove paternity."

"I object your honor," Dale said. "Under the bill of rights, we are created equal under the law and no one is above the law. Robe versus Wade which ruled the Constitution of the United States gave a woman the rights over her own body. In that ruling, the supreme court took away a man's equal rights concerning the unborn child in that same ruling. They failed to consider the rights of the father who helped to create the child who could legally be held responsible if the child was carried to full term."

"That ruling has created inequality in the law of this country since it was ruled on. To date, there has been no actual law written Federally that says abortions are legal. There are laws giving terms and conditions but at no time has a law been passed that says that having an abortion is legal." Dale went on saying, "Under that same Constitution there were separate laws and divisions set up with each of them having their own power and authority. The judicial branch was given the right to interpret the law and rule on it. It was never given the legal right to make law."

The Judge was now sitting up and pay attention. Dale was right even though in this modern age that was no longer being practiced. The judge was wondering where his son in law was going with it.

"Under that same Constitution legally any Judicial ruling does not become the law until the other divisions actually amend or change the law according to the supreme court's ruling and the President signs it or the congress has enough votes to override a veto." Dale continued, "I further submit that when Ms. Thomas showed up at Planned Parenthood to have the abortion, she had by her conduct made herself solely responsible for the child. It was her who was choosing life or death. The donor seed to date the unknown father was not even considered. It was at that moment she was a God."

"The Constitution does not assign rights to Gods. The bill of rights says that all men are to be treated equally before the law. Yet Roe Versus Wade made her above the law by setting the woman up as a God because the Supreme court has never decided or ruled on when life begins." Dale went on to say. "Not one person in the eyes of the law has the right to push their personal agenda over another. Yet Roe versus Wade ruling made it possible that a woman can."

Dale said, "Her refusal to carry through with the abortion can legally be viewed as a legal attempt to exhort unlimited funds from whoever is proven to be the father. That is also against the law because under the Constitution all people are to be treated equally. Since the Roe versus Wade ruling there has been a difference between how men and women are treated under the law and thus Roe versus Wade was a decision directly against the Constitution."

Judge Donald McDonald was flabbergasted. His son in law Dale had brilliantly sandbagged the whole judicial system. The constitutional questions had made it impossible for a ruling for years. He had no choice but to make a ruling that would force the American Civil Liberties Union to become involved. They would bankroll this all the way to the supreme court of the United States.

Dale had known he had destroyed the mother's testimony about the child's parentage. Just on that alone, he would have to rule in favor of the defense. Based on the information disclosed before the court by her she had lost all credibility. There was not even enough evidence to grant a DNA test. Now he had just made a simple paternity case into the case of the century. The plaintiff's suit had just effectively been blown out of the water. Not only by Dale but by the way the constitution and the Bill of rights had been drawn up.

Judge Donald McDonald ended the session early because he needed time to review all the legal questions raised by the defense. He could not give a time of recall because of the volume of legal investigations he was now going to be researching out. Dale had effectively turned a molehill into a mountain.

He went back to his office. He picked up his cell phone and called his daughter.

"Hi dad, it's over already," Rainey said. "How did Dale do? I was worried about it."

"Rainey, remember that mock trail you witnessed him go through at the university," The Judge asked?

"Of course, I told you he was brilliant in it," She replied. "Because he was."

"Well he applied himself in the court today like that times ten," He said. "He raised questions that will have Constitutionalists battling parts of this case out in courts for years."

"In what way Dad," Rainey asked?

"He attacked the Roe versus Wade supreme court ruling using the bill of rights and the constitution itself against it. The way he presented raises the question that the ruling itself was in violation of our own constitution." The judge replied. "The right to life movement will take this case to the supreme court fighting the ACLU all the way."

"Rainey he also by his legal argument raised a question about the law that if taken to the Supreme Court for a ruling may completely alter a lot of things we assume are laws but really aren't because congress and Presidents for years have not been fulfilling their obligations under the law. I did not really comprehend how deeply they had gone into the Constitution during his last two years in law school."

"You and Mom are still coming for dinner," Rainey asked?

"Yes, I want to congratulate your husband for the brilliance of his defense," He replied. "Although we won't be able to discuss the case."

"Dad you sound proud of your son in law," Rainey said in glee."

"I am," Donald said. "I said he was going to do bigger things than me. If this is just a taste of how his legal mind works. He's going to keep the courts busy for years."

---------

Ruth and Donald were on their way over to their daughter's house. Since he had gotten home the way their son in law had presented himself was all that Donald could talk about. Ruth had never seen him so excited about anything in years. The last time had been when he had learned that he had been appointed as a judge.

"He's going to get bombarded with job opportunities like you won't believe," Donald said. "Before I left for the day the case was being discussed by everyone. I thought two of the criminal judges were going to end up in fist cuffs."

"Why it was just a paternity hearing and a child support case," Ruth asked? "I know the plaintiff's credibility as you explained was destroyed by Dale."

"Dale tied in the Constitution and the Bill of Rights to challenge the legality of the Roe versus Wade decision in such a way that the decision itself may not legally stand. Because it unknowingly gave women a legal advantage over men. That point alone proves that ruling is in opposition to our Bill of rights." Donald explained.

"Dale did all of that," Ruth said. "You can't be serious."

"I'm afraid I am," Donald replied. "What's even more impressive was the fact that it took him less than ten minutes to do it."

As soon as I got out of the courthouse, I had headed back to the station just to check-in. The police chief was waiting for me.

"You had to open a can up of worms, didn't you," He laughed. "There were a few lawyers inside watching to see how you would perform. They left the courtroom shaking their heads. They couldn't believe what you did. Most had to admit they could not disagree with your logic."

"I only took on his case because Rainey said the man was being set up for something he did not do. She had heard Simone Thomas telling her best friend that she did not know who the father was because she had taken on six or seven on the night, she believes she got knocked up."

"So, to save him from something there's a good possibility he never did. You decided to blow up our whole judicial system." The Chief said. "Your argument is going to force a lot of defense lawyers into reviewing every case they lost to see if your view of the constitution can be applied in their case."

"Believe it or not I was not planning to bring that out, but when the plaintiff's lawyer asked for a delay so they could get a DNA test done." I explained, "I lost it and just let it rip."

"It's a good thing you started a three-week vacation this week," The chief said. "Because if it hits the airwaves it's going to be a madhouse around here. Go enjoy your honeymoon like Rainey and you have planned."

I stopped and picked up a dozen roses for my wife. We were going on a ten-day cruise out of Ft Lauderdale on Sunday. She had agreed to postpone the honeymoon until I passed the bar. It was our first trip and we were looking forward to it.

As soon as I got through the side door Rainey was all over me. That was when I learned she had talked to her father. After putting the flowers in a vase. I helped her prepare the dining table. When I got the flute glasses out for wine, she asked me not to set one out for her.

Mom and dad showed up early. I had hung my vest and jacket in the bedroom closet with my tie and had rolled up my sleeves. Dad had to open the champagne because he wanted to say a toast praising for such a brilliant defense. That was when he noticed we were short a glass.

"Dale, we need one more glass," He said. "Can you get me one please?"

"Dad I told him to only put out three because I won't be drinking any alcoholic beverages for a few months," Rainey explained.

"What's wrong Rainey," Ruth asked. "Are you sick?"

"Not yet but I will be in a few months," Rainey replied. "It not if but when."

All three went silent. We were all suddenly concerned. Rainey was still smiling big time.

"Morning sickness hits every woman with child sooner or later," Rainey smiled. "The doctor confirmed it to me this morning that I'm pregnant. I'm only six weeks along but I want to make sure we take every precaution to ensure it comes into the world as healthy as it can."

Ruth teared up, Donald poured us the glasses and together we said a toast to Rainey. For the rest of the night, the court case was not discussed.

Saturday, we flew out of Cape to St Louis then on to our destination. After staying overnight in a hotel, we began our honeymoon after boarding the cruise ship. We visited seven ports in ten days. Saw dolphins and whales, sailing ships, and we both got severely tanned. Bought souvenirs and all the tourist stuff we wanted. I bought Rainey a beautiful set of dolphin earrings and a matching necklace. I brought back with us more than the limit on Jamaican Rum. Knowing that dad would enjoy it.

We departed on a Monday and went straight to the airport for the flight headed home. At four fifteen in the afternoon we walked through the gate. Ruth was there to pick us up and drive us home. For the next hour, I listened as Rainey and her mother talked about the trip. Sharing all the pictures we had taken.

When Donald showed up, he had a bag full of job offers that had come to him for me to consider. Most would have me moving to accept them. He watched as I tossed them all into the garbage without looking at them.

"I start next Monday working in the District Attorney's office," I said. "We have agreed that if I am needed elsewhere, I can get a leave of absence if needed. Besides from the day we started building this place Rainey has called it our forever home."

Donald looked at his daughter and said, "You knew."

"Dad making a living will always be important for Dale," Rainey said. "But family, our life together has taken first place if you were to put things in a list of what is the most important. While we were lounging on the deck while at sea Dale was reading all he could about how to be a good dad."

"Dad with all your daughter has brought into my life," I said. "All I can say is that she's my kind of rain."

Finished