The Bargain

Molly stopped short, turned, and placed her hand on her lawyer's chest. "Bernie, you're approaching this too aggressively. We're here to try to get the Judge to order counseling. Doctor Condon, as much as I disagree with how he's handled Philip's case, isn't the issue. The issue is what my husband said on the stand, and how I get the Judge to see my side of the story. You've already heard her say how much she respects Frank Condon, and I just think any attempt to make him seem at fault here will backfire and completely turn her against me. What I want to do is speak directly to the court and to everyone involved. Can we do that?"

"Molly, you're making a mistake here. You think that I'm approaching this too much as a lawyer, but we're in court; a lawyer's viewpoint is exactly what you need. This Judge is one of the sharpest legal minds in the United States and she's going to be moved only by legal arguments. Sure, you could give our closing remarks, but if you think you're going to sway the judge with emotional maneuvering, you're sadly mistaken."

"Maybe you're right, but I'm fighting for my marriage here, and if I don't do what I feel is right, and I fail, I'd regret it forever. So, that's what we're going to do. I'll speak at the closing, and in the meantime, we're not going to question Frank Condon's competence. Are we clear?"

Raffin looked at her intently, shook his head, and said with frustration, "OK whatever you say. We'll do it your way."

**********

At 10:AM the next morning the Judge stormed back into the room in a demonstrably bad mood. She sat, took a few deep breaths, and called the court back to order.

"So, Mr. Raffin, do you have any questions for the witness, Dr. Condon?"

"Only a few, your Honor."

"You may proceed."

Raffin seemed to be revising his thoughts as he looked at Dr. Condon. "Sir, during your work with Mr. Laughlin, did you determine whether or not he understood the nature of the arrangement that he was entering into with Ms. Laughlin when they agreed to marry?"

"Yes, I did. In my opinion, he understood intellectually what the arrangement consisted of, but I don't believe that he grasped the emotional import of the difficulties he would be facing."

"But you didn't come to the conclusion that Ms. Laughlin deceived him or in any way tricked him into the marriage, is that correct?"

"No, absolutely not. On the contrary, I found that she was extremely forthright and honest in her statement of how she saw her life transpiring, and I have no doubt that Philip Laughin was fully informed when they married."

"Dr. Condon, during the admittedly short time that you met with Molly Laughlin, did you discern any pathology that would lead you to believe that she ever intentionally hurt her husband?"

"I most assuredly did not. Molly Laughlin, in general, is a very good, caring person, except, I must point out when it comes to the issue of her viewpoint of love and one's expression of love. On that topic alone, Ms. Laughlin is completely unable to see any viewpoint but her own and tends to become upset when questioned about the issue in any depth. On this subject alone, she seems to take on an almost sociopathic persona."

"Oh really, doctor? You're saying now that she suffers from some sort of situational emotional disorder?"

"No, I didn't say that. The record will show that I said "An ALMOST sociopathic persona. In this Molly's like the perfect salesman type that companies are always looking for. The perfect salesman is one who, when engaged in the act of selling a customer on a product, falls into a mental state in which he can see only his own point of view regarding that product. He completely disregards or is unable to consider the customer's viewpoint, allowing him to pursue his sales effort relentlessly, completely unmoved by any obstructive points that the customer might raise. In Molly's case, despite plain evidence to the contrary that Philip was miserable with the reality of her relationship with Mr. Freskin, she seemed completely oblivious to the fact that there was anything wrong with her marriage. We heard evidence that there were signs that he resented the visits Ms. Laughlin paid Mr. Freskin, that he was torn by the knowledge of the hours she spent in sexual congress with the man. I certainly don't ascribe this lack of awareness to any bad intent, or selfishness on her part. I just believe that she was emotionally unable to comprehend how an intelligent person couldn't be in complete accord with her view of the situation."

"So, to sum up, you agree that Ms. Laughlin was in no way malicious in her treatment of Mr. Laughlin?"

"I agree completely Mr. Raffin, but I would ask the court this question...."

Raffin interrupted, "Thank you, Dr. Condon! Your Honor, I have no further questions for this witness."

The judge looked at Frank Condon and said, "I think that I'd like to have you ask the court that question, Doctor."

Raffin was irritated but had enough experience to know that he would get nowhere challenging the judge.

Condon smiled and said, "Thank you, your Honor. I was answering the question about whether Ms. Laughlin was malicious in her treatment of Mr. Laughlin."

"As I said, while I do not believe that Ms. Laughlin was malicious, I have to ask the question: If I accidentally run over your foot with an automobile, does the fact that it wasn't intentional make you suffer any less injury?"

The Judge gazed at Frank Condon shrewdly as Bernard Raffin sighed in resignation.

As the parties waited and shuffled in their seats, the judge looked back at some paperwork and made notes on a few pages. Finally, she looked up at the table. "I'm going to give both parties the opportunity to sum up, and I'll expect you to be brief. Mr. Raffin, since Ms. Laughlin is asking that counseling be ordered, you will be going first."

"Your Honor, Ms. Laughlin will be speaking on her own behalf," he said with a distinct lack of enthusiasm.

The Judge looked intently at Molly Laughlin. "Ms. Laughlin, do you fully understand that, despite the informal venue that we're in, this is a court of law, and that we're on the record? Do you further understand that I advise you strongly not to pursue such a path?"

Molly, returned her look and said, "I do understand, you Honor."

"Very well", the Judge said, "You may proceed, but be advised that you will address your remarks only to the bench, and not to your husband or any other party in the courtroom."

Seemingly taken aback for a moment, Molly took a deep breath, gathered her thoughts, and began.

"Your Honor, love is a nebulous concept, and I believe if you asked a hundred people what the word means, you'd receive a hundred different answers. But for me, love is fidelity, companionship, satisfaction with one's home life, and the overwhelming feelings of intimacy that can be shared with your mate. That's what I've felt and, I think, had with Philip Laughlin. We've shared the deepest secrets of our lives, we've been witness to the most embarrassing things that can happen to a person, and we've nursed one another in times of sickness; we've shared each other's triumphs and sorrows, and the happiest times of both our lives."

"One of the parts of the love I just described is fidelity, and I believe with all my heart that I have been faithful to Philip in every single way that I promised. I told Philip before we married that if I could be married to both him and Sam Freskin, my life would be complete. I told him in great detail how I felt about Sam and how I feel about him to this day, and I believed him when he said that he understood and that he could live with the realities entailed in a polyamorous relationship. I think he understood me then, and I think he understands me today. I also think that he loved me then and that he loves me today."

"I believe that, somewhere along the line, Philip's view of our relationship changed in some way, and that rather than discussing it with me, he just kept his dissatisfaction inside and let it fester. Your Honor, I truly believe that, given the chance, I can explain more completely to Philip exactly how much I love him, how much I need him, and why he should give our marriage the consideration that it deserves. That's all I want your Honor, the opportunity that I believe I'm due after nearly twenty-two years of marriage. Thank you, your Honor."

"Ms. Kline, do you have any closing remarks?"

"Your Honor, we believe the testimony speaks for itself, and have no further remarks?"

"Very well. In that case, I'll have a few questions for some of the parties involved.

Bernie Raffin spoke out, "Your Honor this highly irregular."

The Judge looked at him with irritation. "Be quiet Mr. Raffin. This isn't a classroom, and, in case you forgot, it is most assuredly my courtroom."

Raffin looked down as the flush spread upward from his collar.

Judge Bartelli looked glanced and forth between the two attorneys. "How come neither of you called Mr. Freskin to testify, if for no other reason as a fact witness?"

Raffin responded, "Your Honor, we saw no further relevant information that he could provide."

Eloise Kline grinned her piranha smile and said, "Oh we tried to subpoena him your Honor, but, as you may not know now Brigadier General Freskin is Assistant Director of the Joint Military Cyber-Command, and as such breathes the rarified air of the upper echelons of the United States intelligence community. When we tried to compel him to testify, Justice Department lawyers descended on us like a flock of crows, cawing about potential security issues, how none of the parties or jurists associated with this action were cleared for that level of classified material or information, and that they might let us have him in a 'timely manner' like in a couple of years or so. We tried to tell them that we only had questions about the personal life of Gen. Freskin, but they stated, and this is a quote, 'General Freskin doesn't have a private life. "

The Judge grinned malevolently. "Really? Well, there's nothing we can do about it 'in a timely manner', but I can guarantee that I'll find a way to let our friend the Attorney General know that his people don't play well with others."

"OK on to other topics; Patricia Laughlin, I have a couple of questions for you."

Patricia jerked upright in her chair, seemingly shocked by her being singled out at this point.

"Ms. Laughlin, at what point in your life did you become aware that the relationship between your mother and father was out of the ordinary?"

Her eyes jittered back and forth between her parents, and she felt short of breath. "I suppose when I was about eight years old, your Honor".

"Young woman don't make me drag things out of you! Why then, and how did that awareness come about"?

"As I said before, my mom had always told me stories about her best friend Sam Freskin, and so when she told me that she and I were going to visit him for a weekend, I didn't think much of it. We met off base and stayed in a suite at a hotel, and I remember having a really good time. I did also notice that mom and Sam acted toward one another the same way that she and daddy did, that they were affectionate and walked holding hands, things like that. I don't know what I really thought, but I did know that their friendship was very special."

"Apparently at some point, your mother more fully explained their relationship to you?"

"Yes, when I was probably twelve, when we visited Sam in Italy, the night before we left, she told me that daddy was pretty upset with her for taking me off for two weeks, and she wanted to explain to me why the trip was important to her. She told me that it was twenty-five years since she and Sam knew they were in love and that this was a sort of anniversary trip that she wanted to share that special event with me, to show me how wonderful love could be when seen in the right light. She told me she'd talk with me about it at greater length when I was older but that I should have fun and enjoy all the wonderful museums and sights we'd see."

Judge Bartelli's small black eyes glittered dangerously as she glanced at Molly Laughlin, and then looked back to Patricia. "Did she more fully explain her feelings about love at a later time?"

"Yes ma'am, she did. As I went into my teens, and my dating years, she explained how love knows no bounds and that denying that completely ignores human history. She said I should always be moral and kind about my relationships, but that I should keep in mind that denying that you can love more than one person just leads to deceit and possible misery."

"Thank you, Ms. Laughlin, I'll leave you in peace now."

"Doctor Laughlin, if I were to grant your request for mandatory counseling, what is your plan for convincing Philip that he should give your marriage another chance. What facts would you present to him that would lead him to believe that life in the future would be different than life in the past?"

Molly Laughlin appeared very flustered, completely taken aback for a moment, but being an experienced public speaker, she gathered her thoughts and said, "Your Honor, as I mentioned, I'd simply remind him of all that we've been through, what we've shared, and that I thought that we were in accord on how our marriage would be conducted."

The Judge looked at her skeptically over her glasses, and said, "But no plans for what you could do differently in spite of the apparent fact that your husband doesn't' think it's working?"

Molly, at a loss for words, simply shook her head.

"And no thought at all that you'd be willing to stop your relationship with Mr., no excuse me, General Freskin to save your marriage?"

"No, your Honor. My relationship with Sam Freskin is as important to me as my relationship with Philip, and I wouldn't be willing to give up either for the other."

The Judge looked at her speculatively. "OK, then."

She glanced over at Philip Laughlin, "Mr. Laughlin, if your wife were to offer to give up her relationship with Col. Freskin, would that make you more amenable to counseling and the possible resolution of your marital difficulties?"

Philip Laughlin snorted and said, "Not just no, your Honor, but HELL NO! For over nineteen years, every time I've watched her walk out that door on her way to sleep with a guy who contributes nothing to her daily life but talk to her on the phone. It has been like tearing open a gash in my chest that she put there in the first place. But, you know, over the years, it quit hurting. It's as if my love for that beautiful girl with a huge brain and bigger heart was burned out by an increasingly self-centered and uncaring bitch. Oh, she never treated me badly domestically or sexually, unless you consider fucking another man, but those years of oblivious inattention to how badly she was hurting me killed any residual love I had for her. All I want out of the rest of my life is for none of it to have to do with Molly Laughlin."

The Judge took a deep breath and said, "I find that mandatory marriage counseling would have no beneficial effect in a resolution of this marriage, and the request is denied."

"Counsel, are there further motions to be entertained? Mr. Raffin, you go first."

"No motions from Ms. Laughlin at this time, you Honor."

"Ms. Kline?"

"Yes, your Honor, Philip Laughlin would like to request a Restraining Order barring Michiko Laughlin from contacting him or attempting to contact him directly either telephonically, digitally, by means of surface mail, or through third parties other than his attorneys. Further that she remains a minimum of one hundred feet from Mr. Laughlin, and if they inadvertently encounter one another in a public place, she takes immediate reasonable steps to remove herself to the one-hundred-foot distance."

"And what is your reasoning for requesting this order, Ms. Kline"?

"Your Honor, you have heard testimony from Dr. Condon indicating that Mr. Laughlin had descended into a depressive state during his marriage to his wife, but since separating from her, he has improved and that his anxiety and depression have substantially improved. Ms. Laughlin has made repeated attempts to call Mr. Laughlin, leaving several messages per day on his voicemail, and also sends him several e-mails daily. Further, she has enlisted the aid of mutual friends and her daughter in an effort to cajole her husband into talking to her. For the sake of his emotional health and stability, we ask that the order be granted."

"Mr. Raffin, your response, sir."

"Your Honor, while it is true that Ms. Laughlin has made attempts to contact her husband, none have been harassing in nature, and only reflect the wishes of a loving wife to re-establish contact with her husband in the hope of salvaging their marriage. Further, no evidence has been presented to establish that Ms. Laughlin bears any malice toward her husband or wishes him any harm. We ask that the order be denied."

"OK, give me a moment. You make talk among yourselves for five minutes."

While the parties in the conference room murmured, the Judge went into what appeared to be a meditative state with her hands clasped as if in prayer, in front of her mouth. She did not look to the left or right and seemed to be in deep thought. At the two-minute mark, she looked up, and said, "OK, everyone listen up."

"The request for the Restraining Order is granted. Any other motions?"

Eloise Kline said, "Yes, your Honor, Mr. Laughlin further requests a Restraining Order against Patricia Laughlin with the same limitations and citing the same reasons."

At this, there was a loud sob from Patricia Laughlin, and she sprang from her chair and ran out of the room.

Judge Bartelli took a deep breath, looked sadly at Philip Laughlin, and said, "The Restraining Order is granted."

Michiko Laughlin looked at Philip Laughlin for the first time as if he was someone she didn't know.

The Judge stated generally, "My clerk will contact counsel with the scheduling dates for trial. Court stands adjourned."

Everyone stood slowly and filed out of the room. When in the hall, a furious Molly Laughlin stalked directly for Philip.

"HOW COULD YOU FUCKING DO THAT? A RESTRAINING ORDER AGAINST YOUR OWN DAUGHTER?"

By this time Eloise Kline was between the two and the Bailiff, sensing trouble had grasped Molly's arm.

Eloise said, "Doctor Laughlin, at this time, I must inform you that you are in violation of a Protective Order and are subject to arrest. Please think carefully before you proceed further."

The Bailiff gently moved her backward, aided by Bernard Raffin. Bernie was muttering in her ear, "Molly, don't do this, you're doing yourself no favors and could get in real trouble. Come now..."

She watched Philip as he proceeded down the hallway with his legal team and wondered how he became so vicious.

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

FINALE

As Michiko Laughlin left the courthouse with Patricia and her lawyers, she felt a vibration from her smart phone, and saw a text from Sam.

12:20 PM -- Sam Rifkin: "I think you might need some lunch and a friendly ear. I've sent a car for you. Should be at the curb in front of the courthouse."

She looked up and scanning the street saw a black Chevrolet Suburban, with heavily tinted windows parked obviously in a no-parking zone at the curb. A young U.S. Army captain stepped out of the vehicle and approached her. With a respectful nod of his head, he said, "Mrs. Laughlin, General Freskin's compliments, and he wonders if you would join him for lunch? I can take you to him now."

Molly sighed in relief. Sam was there for her and would help her get through this nightmare, would make everything all right.

"I'd love to see the general Andy, and thanks for your help."