SWIB 01: We Need to Talk

It is worth noting, Ms. Carter was a new client, who wanted me as her advisor and could only meet for dinner -- she was a plant. This was very well done.

There was a photo of our infant crying. I was reaching out to soothe him, of course it was claimed he was crying because I was striking him. One photo proved nothing; in the pile it was more than suggestive.

Next, we turned to our finances. Being an accountant, everything was very well documented. There was a fairly large account in my name, only. It was a holding account for moving money into our retirement accounts, the children's college funds, and so forth. I had written a detailed description of what the use of the account was and suggested we get it in both of our names. Marie and I had reviewed the description, and I left her with the copy. She claimed not to have seen it.

We took a break.

One of the minions offered a conference room to Ed, so we could have privacy. Ed very boisterously said, "You are too kind, you think of everything. We are so appreciative; might I see it?"

As he and the minion walked away, Sally said, "Ed must suspect the room is bugged. When we sit in there, he is going to ask you questions. They won't be for us; they will be for them. Hem and haw when you answer, make it sound as though you don't know exactly what to say. Don't lie, they know what they have shown is not what it appears, if you say too much, they'll know you are lying."

We got in the room and Ed went into a tirade about my carrying on with some woman. I stuttered, stammered, and told him it was not what it appeared. He said he didn't want to hear it. How did I expect them to defend me? In mid-tirade, he looked at his watch, turned the emotion off and said we should go rejoin the group.

As we were walking back, I said to Sally, "I tried to be so careful, then Ed goes and does that."

"Does what?" she asked, more than a little curious.

"Is full of emotion, then, looks at his watch, goes calm, and we are walking back."

"My goodness Bob, you are new to this. His emotion was a show, they know that. 'All the world's a stage' if you recall your Shakespeare. He was playing his part; you were playing yours."

"But he just turned it off!" I still didn't get it.

"Because we are going back to sit and stare at the other side, he can't be red-faced and breathing hard when we get back. In this process you are required to behave, we are not. Don't try to analyze why we do something, you'll go nuts."

From that point the meeting was very brief. Ed asked a couple of procedural questions, then Sally started her own tirade. This was the biggest, trumped-up, set of lies she had ever seen. There was little reason to talk with people no more honest than those across the table. I noticed, Sally was staring directly at opposing, lead counsel, and Ed was nonchalantly observing Marie. They were a hell-of-a team.

Marie announced she was sick of this and sick of them; we were leaving. We did. A second time Marie said we needed to talk but we didn't.

The three of us debriefed back at their offices. It seemed to all of us that Marie was the key. She was aloof and nearly uninvolved throughout the whole meeting.

Ed started, "I have known her since you two were dating. She smiled at me like you smile at someone you pass on the street, then she never looked at me, again. Of the eight on her side of the table, she was not in the top half of interest shown and dead last in emotion shown."

"I saw you eying her when Sally was going through that tirade in the end, what did you think?"

"Well, that was the worst of it. I first looked at you and not surprisingly you were staring right at her, so I looked to see how she was handling that. It was totally curious, she was scanning the room, without any real interest in anything. She did look at you, but without any more interest than at me or at Sally, for that matter. I think she might be on some drug, Xanax, maybe?"

"You saw her with Dickie, the one time, how did they seem?"

"Sally, I didn't really see them. They were not five feet from me, but in the house, I was outside, listening through a window."

"So? Same question."

"They were talking about being together. No, that's not right, they were together, I was already past tense. She was pleading my case, leave me with some money, but he said no, and she didn't seem to object. She also wanted him there, but he didn't think it wise. He said Junior has issues with him and married women."

"I have asked around, no one sees them at his usual haunts. In fact, no one sees him, at those same haunts." Ed was fidgeting around.

"Oh, Ed, for goodness' sake, say what you're thinking, don't make him beg!"

"This has all the appearance of Dickie having fallen in love. If that is true, this is different from what we have been describing. That wasn't a contingent she put together to get rid of a husband; it was a group formed to help gain the freedom of a woman, he is interested in marrying."

Sally looked like he'd hit the lottery. "Oh, you're right! She was like a disinterested passenger on some flight to nowhere. Nervous, she took a couple of levelers to keep her calm. She could do that, because she had no real role, just ride along until they told her to debark."

For some reason, that made me sad. "I don't mind telling you, that depresses me. I guess I knew it, but this made it more real. Divorcing her because she is unfaithful, and I don't want her is almost acceptable. Finding she has moved so far along, I am not a thought in her past, hurts."

"You know you are more than a client to us. Get involved in your work." Sally had turned herself, so she was staring me right in the eyes. "We know you want access to your children; we know you are innocent, and we know what a ruthless s-o-b Junior is. There are some bad months coming. You don't deserve them, but, unfortunately, they are coming, anyway. Detach yourself."

"That's a little cold, sweety." Ed was also leaning forward, toward me. "She is right, though. This client of yours, Carter? Was that her name? When we depose her, it will be a disappointment. She will have some line that is not quite true, but clever enough we cannot catch her in a lie. She'll refer to you as an 'almost' affair. Sully you without really saying much."

Sue interjected, "Ed, you know it is Marie we must worry about." She turned toward me, "Bob, will Marie lie about you? Will she say she fears for her safety and her children's safety around you?"

"I can only hope not. But like I told you, she can be extremely vindictive. If Dickie convinced her, I was fooling around, it doesn't really matter if my client tells the absolute truth. Think about it. They tell her I was spotted, but they have no proof, they took some bull shit photos just to illustrate their point. They don't need to convince a court; they need to convince her. If they have, she could be convinced to burn me, because I deserve it."

Ed backed away and slouched in his chair. "I accused her of being cold. This is bad news. If Dickie is in love and intends to marry her, Junior will need to have you out of the way. If she falters and wants to go back, he'll have made sure there is nothing there to go back to. This is bad news."

"I take it, you feel this is bad news." I tried to laugh, it caught in my throat. "What can I expect?"

It was Sally's turn, "Nothing is off limits, other than physical harm. He will go after your life, your income, your ability to enjoy this area. If you fear it, and he can think of it, he will do it."

"You'll protect me?"

Ed looked solum, "We will do all we can. Hold on to this thought, no matter what. Dickie will fuck this up. He can't help himself. I don't know how or when, but, trust me, he will."

"Swell? So, when I live in some homeless shelter in Topeka, I will be cheered because it is only a matter of time."

A Bad Summer

I am in a nice condo, but without access to my home or my children. I had a supervised visit, every other Saturday. I really can't say with which of these beautiful young people I had the more difficulty losing touch. Claire was precocious and such a charmer. She was soon to be a young woman and I was missing it.

Bobby was hardly walking and not talking when I left home. I had missed his going from a helpless infant to a young child. It was tearing me apart.

I had been in court three different times, trying to arrange joint custody. I thought Ed was doing well, but he was hampered by morals and ethics. Marie's lawyers suffered from no such encumbrance. They argued a swift resolution of the divorce was the key to justice. Their argument went on that it was unfortunate in this case that I wanted to drag it out, but surely the children should not be put at risk because of my delaying tactics.

Ed would stand and explain to the judge I had no interest in prolonging the divorce action, I was merely trying to get an acceptable custody arrangement. Marie was disputing my fitness as a father, and it was her fault we were having the delays.

Ed would point out that their arguments were entirely circular. Marie, without evidence, said I was an unfit father. I contested that assertion. Plaintiff, she was the plaintiff, apparently, used her own assertion as evidence of and got expert opinion, based on a naked assertion, that I was unfit. Now, they are using that expert's opinion as the basis of their assertion.

I am amazed at lawyers, when caught in an absolute lie, smile and pile on some other plausible explanation for why the lies might not be a lie. They don't go so far as to say it is true, just it might not be a lie. In this case, they argued that how could Ed or his client know the mind of an expert? Just because we think his sole basis for saying I was unfit was Marie's complaint, doesn't make it so.

Ed said he would happily depose the expert to show our argument was truthful, and theirs was not. Her lawyers said they agreed happily to the deposition and would see it took place at the earliest possible moment. Their thought on the earliest possible moment was two weeks after the end of time.

We finally did the deposition and proved our assertion that their expert opinion was without basis. It was a slam-dunk. Of course, by that time, they had two other experts, who from what we could ascertain, used the first expert's opinion, as their basis, and said I was an unfit father.

Ed lost it and said this was the same thing, all over again. Her attorneys said it was not at all the same thing. The previous expert had based his opinion on the complaint. That certainly was not the case here. Ed, of course pointed out that this time the experts' opinions were based on the previous expert opinion, which was foundless. The judge was beginning to lose patience. He said that if depositions showed Ed's objection was correct, he was going to decide for the defendant (me).

They smiled and assured that would not be the case and swore they would make both experts available as soon as possible. I was sitting in the gallery, I'd say the cheap seats, but nothing about this was cheap. It was clear they were finding ways to spend money on legal fees. In my opinion, they were damn good at it.

The summer had slipped away. One of the experts had unexpectedly gone on a sixty-day sabbatical and had been unavailable for deposition. Marie's lawyers, knowing they were in trouble, asked for a meeting with the judge. At said meeting, they swore they didn't think to ask about the European sabbatical, planned for over a year. They were now ready to let the findings of the divorce hearing, scheduled for early October, decide everything.

Ed admonished opposing counsel and reminded the judge if they failed to show my unfitness, he would award joint custody. The judge agreed. He said effective September 12, I would be awarded custody every Wednesday afternoon until 8:00pm and alternate weekends, without supervision.

Mid-September and we got our first victory, or partial victory. I was overjoyed.

An Express Trip to Despair

They were unrelenting. Though I've not had cancer, I'd say it is roughly equivalent. One morning you wake up and everything you thought was a given is now a question mark. Nothing feels right, there is not a situation where you are safe.

I was learning about depositions, interrogatories, and affidavits. I was signing some document, I never knew quite what or why, at least with any certainty. I chuckled, just above my signature it said, Further affiant saith not. I am an accountant. You add numbers and take a percentage of that. There is no bullshit in accounting.

Does that suggest there is in the law? I saith not.

I had another card in this game. The police had falsely arrested me, and Sally assured me the city would pay. The payment would be large enough to handle the stack of legal bills coming my way.

I got a call from Sally one morning, at work. We were in our second month of discovery. The city had some financial issues. An unnamed benefactor had agreed to buy several bonds, with one condition. He would have sole authority on any settlement of my false arrest suit. Fortunately, the city attorney handling this matter is quite young, and this offended her.

"Sally", I am sorry she is offended. Clearly this means I am not getting a settlement or getting one any time soon."

"Well, true. That is the bad news, but there is an upside. She thought it close to racketeering. She was dressed down and told it was a great way for the city to get a large sum of money, to do public work, and her role was to submit any settlement offer to Dewey, Cheetham, and Howe.

"She did a little digging and found the benefactor was Junior and his motive was keeping money from you."

"So, we can prosecute him?"

"No, this is unofficial, but we have an ally, it may come in handy."

"Do you accept 'handy' as payment?"

"Let's not worry about payment, for now."

"Right, for now." I said as sarcastically as I dared.

You cannot imagine how quickly a nice life can go to shit. It was Friday, September 27th. You could feel the impending cold of winter in the fall air. I was surprised that our CEO and firm-owner called a meeting among his five, top people.

I was further surprised that he had sold the firm and the only change, of significance was I no longer had a job. He announced that with the six of us sitting in his conference room. A single tear shot from my eye; the shock was that great. I started to speak. He held his hand, palm toward me indicating I should hold it. He dismissed the others.

"I am staying on in the same position, nothing changed except I got a wad of cash, and you are out. It is not a civil thing to do, but what can I say, I did it. Oh, by the way, since you are no longer with the firm, you must vacate your condo by the 30th."

"You bastard!"

"Bob, I have said too much. Your employment was at-will, and I am free to terminate it. I was required to gather the group and announce your departure. I was required to do it today and to have you vacate your condo by Monday. It is done. I am sorry. Get out."

No settlement, no job, no company car, no home. From the top of society to the bottom, in one easy step.

I called Ed. I found my phone service had been discontinued. What the hell, I didn't have a job, I had nothing but time. I could walk over to talk to them. I had gone a couple of blocks and a cold rain started. I looked up, "You too?"

I Did Have the One Ally

I was cold, wet, and desperate when I reached the offices of Dover and Joyette. Both were in conference, but I was assured I would wait no more than a few minutes. Ed and I are not that different in size, and they brought me a sweater, some sweatpants, and underwear for me to put on, while I waited.

I had just changed, and Sally was at my side, asking what went on. I explained, she said, "He is brutal, I fear there is more, but I can't imagine what else."

"They have stopped my cell service. The account is in both our names, I don't know how they did it. I need that phone. It hooks me into our home network. It is the only way I have of seeing my children. If I don't have that, I am going to lose it."

Sally found my carrier and disappeared. She was gone quite a while, nearly an hour. She returned, "Try your phone."

"I hit her number on speed dial, her phone rang, I was back in business." I am not embarrassed to say, I cried like a baby, the trauma, then that bit of relief just did me in. Sally sat close to me and hugged me as I wept.

"You are coming home with us, tonight. We will figure out our next step."

I couldn't talk to them. I sat in their guest bedroom gazing at my phone. It was only a little after 8:00 pm. One of the things we had done is install a nanny cam complete with an app which enabled looking in on our young son, when Mom and Dad were out.

He was sleeping. Then, maybe a bad dream or something but he woke up and started crying. He cried for a bit and then he started getting loud. It was his only way to get Mom, cry, then cry louder, then louder.

I was shocked to see Dickie stagger into the room, swearing at my boy. "Quiet down you little fuck. Your Mom is a bit tied up right now..." I ran into the den and shouted for Ed and Sally to, "look at this."

By this point, Dickie was getting a little loud, which made the baby get louder. Dickie reached in his pocket and had some small bag. He dipped his finger in the bag, then in the boy's mouth. My son quieted down, immediately.

Ed stood, "Sally call 911, identify yourself, tell them we have witnessed a child being drugged. They need to get the whole world to that house, right now." He looked at me. "Bob, we are going to your house, now."

Our homes were more than thirty minutes apart. Ed had me call 911 from the car. I think he knew it was superfluous, but he wanted me occupied while he pushed every speed limit known to man.

By the time we got to the house, there was an ambulance, a fire truck, four police cars, and a small army of on-lookers. Ed told me to be immediately beside him and to keep my mouth shut. It surprised me. He said it in a way that I knew he would express my outrage -- and keep me out of trouble.

He found the officer in charge and demanded to know what was going on. It took a bit of back and forth, but quickly the officer was telling us everything he knew. They arrived at the house and got no immediate answer at the door. They broke it down.

My son was lethargic but responsive. Dickie had passed out. Marie was tied to the headboard of our bed, naked, and gagged. Both were now in custody. The officer was not certain what the drug was but seemed to believe the boy had been given only some very small amount and would recover.

The ambulance was about to leave, and I got in to make sure my son got whatever he needed. I knew Ed would handle whatever was left behind.

It was a long night. I was beyond anything I have ever known. Murder and life in prison seemed like the minimum acceptable action, at this point. About 5:00 am, I was joined by Sally. She said she wanted to hear everything. So far, I didn't know much other than they had Bobby resting comfortably.

Sally had been there about 20 minutes and we were approached by a man in scrubs. "Mr. Watson?"

"Yes, and this is my friend, Sally Joyette." I didn't think he needed to know she was an attorney at this point.

"My name is Dr. Graham. I have good news. Your boy was given primarily prescription tranquillizers. I can't really say how much, but it would appear it was not the first time. There are trace amounts in his blood. Disturbingly, we found trace amounts of cocaine and other recreational drugs on his clothing."

"You said primarily, I don't like that word." Sally was quickly moving from my friend to my lawyer.