Trial and error, p.11

  Trial and Error, p.11

Trial and Error
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  “That’s fine.”

  The phone rang and Millie answered. “Detective Harkness calling about the Ford case,” she said.

  “I’ll take it in my office.”

  The detective spoke first. “I read the report from Officer Reynolds about your meeting with Mr. Lipscomb, and I’m willing to open an investigative file in the Ford case.”

  “That’s great news,” Buddy replied, slowly lowering himself into his chair.

  “Do you think you can get a criminal contempt order from a judge?” Mayleah asked.

  “Yes, because he hasn’t delivered the boy to his mother pursuant to the custody order.”

  “Okay, if you can assure me that’s in process, I’m going to contact law enforcement in the Red Hill area and see if they can locate Ford and his son. It will be better coming through me than you doing it privately. Do you have current photos of the boy and his father?”

  “Yes. I’ll scan and send them to you.”

  Encouraged by how proactive the detective was willing to be, Buddy quickly scanned and sent the photos.

  * * *

  Gracie carried her sympathy for Beatrice and Buddy Smith with her to the clerk’s office. Rascal’s conduct sounded like something that would happen in Hollywood, not Clarksburg. She was working her way through her phone messages when Brenda came over and told her the Honorable Bryant Williams had arrived.

  “He’s not supposed to get here until the weekend,” Gracie said in surprise.

  “He’s here now,” the assistant said, pointing to the counter where a lanky, well-dressed man over six feet tall and sporting a black goatee streaked with gray stood looking down at his cell phone.

  Gracie left her desk and walked over to the counter. “Judge Williams,” she said, extending her hand. “I’m Gracie Blaylock, clerk of court.”

  “Madam Clerk,” the judge said, bowing slightly and speaking with an aristocratic southern accent. “I know I’ve arrived in town unexpectedly, but if possible I’d like to check into my accommodations today. That way I’ll be ready to assist Judge Claremont first thing Monday morning.”

  “I made arrangements at a local bed-and-breakfast,” Gracie answered. “I’ll call the owner and see if there’s a room available.”

  Gracie returned to her desk and phoned Vivian Hunt.

  “Does he have the bird with him?” the proprietor asked.

  “He didn’t bring it into the courthouse,” Gracie replied in a hushed voice. “If that happens, it will be up to Judge Claremont to deal with it.”

  Vivian laughed. “His room is almost ready. Give me at least an hour, then send him on. I’ve already cleaned the kitchen, so if he wants something to eat, he’ll need to grab it downtown.”

  “Thanks for being flexible.”

  Gracie delivered the news to the judge.

  “Excellent,” he said with a slight nod. “On that note, I might as well check in with Judge Claremont now and see if I can help with anything since I’m here and have some time. Also, where is Vince Nelson’s office? I’ve known Vince since his days in the General Assembly and thought I might swing by and see him while I’m in town.”

  “It’s only a couple of blocks,” Gracie said. “Turn right when you leave the courthouse. You can’t miss the office. His name is on a large sign.”

  After the judge left, Brenda came over to Gracie’s desk. “Did he seem creepy to you?” she asked.

  “No, he was very polite,” Gracie answered. “He sounds like he stepped off a cotton plantation.”

  “That could be good or bad.”

  “True.”

  Brenda lowered her voice. “Maggie over at the county commissioner’s office told me he lost the judicial election in his home county because of a financial scandal and problems with a young female DA. In spite of that, they gave him emeritus status because of his political connections in Atlanta.”

  “Let’s not bring that talk into the courthouse,” Gracie said.

  “Okay, but I thought you should know.”

  Eleven

  Buddy stopped at Millie’s desk. “I’m on my way to the sheriff’s department. Contact Amanda Byrnes in Judge Claremont’s office and find out if he can see me anytime today or tomorrow on an uncontested contempt matter in Ford v. Ford. It will take five minutes or less. Text me what you find out. Amanda is good about squeezing me in.”

  At the sheriff’s department, Officer Reynolds wasn’t available, but one of the clerical workers gave Buddy what he needed for his hearing in front of the judge.

  “Is Detective Harkness in?” Buddy asked.

  “I think so. Do you want to see her?”

  “Yes, please.”

  Buddy’s phone buzzed as a text message came in from Millie:

  Go immediately to the judge’s chambers. He has an opening.

  Buddy spoke to the clerk: “Sorry, I have to be in court in a few minutes. Tell Detective Harkness I’ll talk to her later.”

  Buddy entered the courthouse through a side entrance. Retrieving the file from the clerk’s office, he took the stairs two at a time on his way to Judge Claremont’s chambers.

  “Thanks for working me in,” he said to Amanda.

  “Glad to do it. You’re seeing Judge Williams in the small courtroom. He came into town early and just met with Judge Claremont. They made a decision on the spur of the moment and he’s going to help with handling expedited matters today.”

  “Judge Williams?”

  “Bryant Williams. He’s going to be assisting for the next month until Judge Barnwell returns.”

  “What’s he like?” Buddy asked quickly.

  “No idea,” Amanda said and rolled her eyes. “Except that he comes across like a character from Gone with the Wind.”

  Buddy wasn’t sure how that would impact Williams’s judicial philosophy.

  The small courtroom was a compact, windowless room with a witness stand and two tables where lawyers could sit with their clients. There was no jury box and only two benches for spectators. Buddy stopped to straighten his tie before opening the door and entering the courtroom.

  Judge Bryant Williams was sitting on the bench and chatting with the court reporter, a young woman who also worked for private attorneys when not needed at the courthouse. The judge glanced up when Buddy entered.

  “What do you want?” the judge asked.

  “I’m Blair Smith, Your Honor. Judge Claremont’s assistant told me you were available to hear expedited matters. I’m here on a motion to hold a defendant husband in criminal contempt for failing to deliver a minor child to the mother.”

  The judge turned to the court reporter and smiled. “Ms. Norfield, do you have the calendar?”

  “Yes, sir. I should have given it to you, but we started talking and—”

  “That’s fine.”

  The court reporter handed a sheet of paper up to the judge. Buddy eased forward to the table where plaintiff’s counsel sat when presenting arguments in the small courtroom.

  “It looks like I can give you a few minutes, but you’d better talk fast,” the judge said. “I value efficiency in my courtroom.”

  Before Buddy could begin, the back door opened, and Chris Henley entered along with a man Buddy didn’t recognize.

  The judge glanced up at Chris and asked, “Who are you?”

  “Christopher Henley, Your Honor. Vince Nelson and I represent Bridgewater Limited Partners. We’ve filed a motion seeking a preliminary injunction to freeze the company’s assets until they can be equitably divided. Mr. Callaway, a managing partner, is with me to offer testimony in support of the motion. Our motion was added to the calendar a short time ago.”

  “You work with Vince Nelson?”

  “Yes, sir.”

  “Come forward and be heard. Mr. Stuart, I’ll get to your matter later.”

  “It’s Smith,” Buddy said, emphasizing his last name.

  “Does that make a difference in how I choose to proceed?” the judge asked.

  “No, sir.” Buddy swallowed and stepped away from the table as Chris made his way forward. Chris caught Buddy’s eye and gave him a look of unspoken apology.

  “How is Vince doing?” Judge Williams asked.

  “He’s fine, sir,” Chris replied. “He told me to send his regards and looks forward to seeing you during your time in Milton County.”

  “Tell him I’ll call, and we’ll get together for dinner.”

  “Yes, sir.”

  “Proceed with your proof,” the judge said.

  For the next hour, Chris presented testimonial and documentary evidence in support of the preliminary injunction. Disputes between business partners can be ugly, but a falling-out is especially rancorous when the partners at one time were close friends. Chris’s client was angry and didn’t try to hide it. He couldn’t resist inserting personal digs directed at one of the other partners. Buddy knew there was another side to the story, but Mr. Callaway had won the race to the courthouse. Buddy checked his watch. He hadn’t planned on sitting in the small courtroom doing nothing for this long. The rear door of the courtroom opened and another lawyer entered, accompanied by a man wearing a blue suit.

  “No!” Mr. Callaway shouted from the witness stand and pointed at the two men.

  “Your Honor, I represent Mr. Scarboro,” said Bill Lynwood, a local lawyer who specialized in business law. “We just learned about the motion for preliminary injunction filed by Mr. Callaway and would like to be heard.”

  “I’m not going to make Mr. Henley start over,” the judge replied. “But you can offer your proof when he finishes.”

  Buddy checked his watch and saw Chris do the same. Bill Lynwood was notoriously long-winded, which could be an effective strategy.

  Buddy stood. “Your Honor, could you tell me when to return so I might be heard on my motion? It will be unopposed.”

  “You may certainly leave,” the judge answered. “But I’m not going to specially set your motion. On these types of calendars it is first come, first served in my courtroom.”

  Buddy wanted to point out that he’d arrived prior to Chris and his client but knew it was pointless. Chris was talking to Bill Lynwood. They continued to whisper back and forth. Finally, they faced the bench and Chris spoke.

  “Mr. Lynwood and I would ask the court for a recess so we can discuss this matter with our clients.”

  “There’s nothing to discuss,” Mr. Callaway blurted from the witness stand.

  “There is if your lawyer says so,” the judge replied. “Step down.”

  “We’ll report back in thirty minutes,” Chris said.

  “Take your time,” the judge said with a wave of his hand. “I’m always in favor of the parties working out their differences.”

  After the group left the room, the judge turned to Buddy. “Mr. Swain, you may proceed.”

  Not wanting to correct the judge a second time, Buddy placed the file in front of the judge.

  “This is a domestic matter. Before you is the clerk’s file along with the sheriff’s report of unsuccessful efforts to serve the defendant with Judge Claremont’s order granting my client immediate custody of the party’s minor son. Upon information and belief, the defendant father has taken the child and left the state. Because Mr. Ford has not complied with Judge Claremont’s order to immediately turn over the child to the mother, I ask that you find Mr. Ford in criminal contempt. The sheriff’s office is ready to initiate an out-of-state search for the child.”

  While Buddy talked, the judge flipped through the file. “You didn’t personally serve the defendant with the order?”

  “No, sir. He can’t be located.”

  “Motion denied.”

  Startled, Buddy paused for a moment. “Your Honor, the sheriff’s department confirms diligent efforts to locate Mr. Ford. He chose to make himself unavailable by leaving the state.”

  The judge tapped the file. “I don’t see any proof that he left the state. Your client’s affidavit contains conclusions based on speculation.”

  Sue Ellen’s affidavit and testimony had satisfied Judge Claremont. Buddy wasn’t prepared to relitigate that issue; however, he wasn’t prepared to back down.

  “There is attempted service by Officer Reynolds of the Milton County Sheriff’s Department. He tried to locate the defendant at his last known address and other places where he might be found.”

  The judge shoved the file across the bench toward Buddy. “That’s repetitive. I’m not going to hold a man in criminal contempt so close in time to the alleged kidnapping of his own child. You’ve not proven the occurrence of criminal contempt beyond a reasonable doubt. If you want to come back and request civil contempt, I will consider it.”

  Civil contempt could eventually lead to criminal contempt but wouldn’t provide the quick remedy Buddy needed to justify Detective Harkness’s help in finding little Jack. Without her assistance, Buddy would have to rely on his own effort to track down father and son or hire a private investigator like Jim Brim. He inwardly kicked himself for taking a chance with a judge he didn’t know. He should have waited for Judge Claremont.

  “Prepare an order with my findings so it can be placed in the file,” Judge Williams continued. “I want Judge Claremont to know that I’ve already ruled on this motion.”

  “Yes, sir.”

  * * *

  Gracie called Vivian Hunt to let her know that Judge Williams wouldn’t be arriving at the bed-and-breakfast until late in the afternoon.

  “Why does that not surprise me?” Vivian responded. “But at least the room is ready. Where is the bird staying while the judge is at the courthouse?”

  “I don’t know. I’ve been so busy getting ready for court next week that I didn’t think about it. I hope it’s not in his car. The high temperature this afternoon is going to be in the nineties.”

  “Parrots live in the jungle. Maybe the heat doesn’t bother them.”

  “That would be parrot abuse.”

  “It will be air-conditioned at my place. Are you going to give Judge Williams directions to the house or bring him yourself?”

  “I was going to let him follow me just to make sure everything is okay. These retired judges can be temperamental.”

  “The last one you sent over was like a second grandfather to my grandkids. He and Mikey got along great.”

  “Judge Clarke was a nice man. I wish he could have come back, but he didn’t want to spend any more time away from his family. I’ll send you a text when Judge Williams and I leave the courthouse.”

  After the call ended, Gracie saw Buddy standing at the counter to return a file. She assisted him herself and saw the label: “Ford v. Ford.”

  “Bad news,” Buddy said, shaking his head.

  “What happened?”

  “The visiting judge denied my motion to hold Jackie in criminal contempt. It was an ambush.”

  Gracie knew the definition of criminal contempt, but she didn’t understand exactly how that impacted Sue Ellen’s efforts to recover her son. “Does that mean Jackie can keep little Jack?”

  “No, no. Judge Claremont’s original order gave Sue Ellen sole custody pending a supplemental hearing. That’s still valid. But the sheriff’s department can’t help me track down Jackie unless he’s held in criminal contempt of court and therefore potentially guilty of a crime.”

  “Oh. That is a big deal,” Gracie acknowledged.

  “Yes, and Detective Harkness was primed to go.”

  “Can you talk to Judge Claremont about it?”

  “That thought crossed my mind, but Judge Williams is making me prepare an order that will discourage Judge Claremont from reaching a different conclusion. Judges don’t like to step on each other’s toes.”

  “But Judge Williams is a visiting judge.”

  Buddy shrugged. “That may not make a big difference. Sue Ellen is so fragile, I hate to give her the bad news.”

  Not wanting Mayleah Harkness to incorrectly assume that a criminal contempt order against Jackie Ford was imminent, Buddy returned to the sheriff’s department after leaving the courthouse.

  “Is Detective Harkness available?” he asked the same clerk who’d waited on him earlier.

  “I’ll check,” the woman replied.

  Cream-colored vinyl chairs lined two walls of the waiting area. Buddy sat down, avoiding a chair with a red stain that looked suspiciously like dried blood. A couple of minutes later several cars, their sirens blaring, left the parking lot. After fifteen minutes passed, Buddy prepared to leave. He could always call the detective or send her an email. He stood just as Mayleah Harkness entered the waiting area. The detective was wearing a white blouse, a dark skirt, and regular shoes instead of cowboy boots.

  “Sorry you had to wait,” she said. “But I was on the phone with someone in Oklahoma about the Ford matter.”

  “That’s what I need to talk to you about. I’ve hit a snag in the legal process.”

  The detective led the way to her cubicle. After they were seated, Buddy explained what transpired in front of Judge Williams.

  “It’s too bad that he denied the request for criminal contempt,” Mayleah said.

  “Yeah, and I didn’t want you to tell your contacts in Oklahoma that a criminal contempt order justifying Ford’s arrest and extradition to Georgia was imminent.”

  The detective didn’t immediately respond. Instead, she turned to her computer monitor.

  “The lack of a contempt order doesn’t mean I can’t help,” she said while typing on her keyboard.

  “Really?” Buddy asked in surprise. “I assumed that would shut you down for now.”

  “Judge Williams may not agree with you, but I don’t have to agree with him.”

  “Okay.” Buddy sat up straighter.

  “I’ve already opened an investigative file, which can serve as a reason to track down the defendant. If we find him quickly, then you’ll have new evidence to present to the judge that confirms Ford fled the state with his son. That seems like the main sticking point.” Mayleah pointed to her monitor. “I’ve already exchanged emails with the sheriff in Haskell County, Oklahoma. That’s where Red Hill is located. He has the photos and is dispatching an officer later today to see if anyone matching the defendant’s description is in the area. It’s a sparsely populated community, and a newcomer with a little boy might attract attention. I’ll let Sheriff Blackstone know that we don’t currently have a criminal warrant so he needs to be discreet.”

 
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