Benji in Control
by: E Walk
(© 2009-2010 by the Author)
 

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Chapter 45

The Hearing of the Century

Cole and I were awakened by a knock on the door.  I looked at the clock and it was only six o’clock.  I thought to myself, ‘I’m guessing that’s R. B.’

I was correct, and when he entered, after receiving permission, he sat on the bed, “Dad Doug and Dad Cole, what time do we gotta go to Atlanta again and what should I wear?”

I sat up, “R. B., we’ll leave as soon as the other guys are on the school bus.  I’m going to wear a coat and tie.  You should probably do likewise.  Why don’t you go back to bed until the other boys get up?”

“Dad Doug, my stomach feels like it is jumping up and down.  What if something goes wrong and I have to live with that awful woman?”

“R. B., your Mother is never going to let that happen no matter how much you don’t like her.  She dislikes that awful woman as much as, or more, than you do.”

While we were eating breakfast, Patty handed R. B. a note, “R. B., your Mother called yesterday while you were at the game.  She said that she was calling from Manaus, Brazil.  She said that they're just in town for the afternoon, so they could make some calls since they are filming in an isolated area of the Amazon forest and it was almost impossible to make calls from there.  She said that she had heard about your father’s death, and hoped that you were happy living with Dr. Christiansen.  She said she’d call again next Sunday.”

Karen looked at me, “Dr. C., Dr. Baldwin called and he’s going to cover your eleven o’clock class and Dr. Lewis is going to cover your one o’clock class.  I’ll make sure Alex and Alexis cover for you, otherwise.”

I muttered, “I think I’m in trouble.”

After we said goodbye to the other five guys, we were off to Atlanta, in two vehicles again, since Cole had practice at one o’clock and wouldn’t be home until later in the week.  We made our way to the Fulton County Court House.  It’s a good thing we were early, because clearing security took longer than at the airport.  We found the venue board for the court rooms and the Lewis vs. Lewis was scheduled for Courtroom 4.

When we walked into the room, Uncle Howie and Mr. Nicely were sitting at the defendant's table.  Mr. Block, Judge Willard, Dr. Lancer and a man I didn’t know were sitting in the first row.  The five of them were talking.  The only person at the plaintiff’s table was a gentleman who looked familiar, but I couldn’t place a name with the face.

Uncle Howie motioned to us.  He had R. B. and me sit at the defendant's table and pointed to Cole, “Cole, it would be best if you were to sit with Mr. Block and Doctor Oliver.”

Mr. Nicely added, “Cole, I may call you to testify as to Coach Lewis’ mental state.  Gentleman, Judge Flowers doesn’t tolerate much nonsense, so be careful.  She constantly fines people for being in contempt.”

It was almost ten o’clock when the clerk of the court assumed her position.  The man at plaintiff’s table kept turning around as if he was looking for someone.  After the formalities of the opening were finished, and everyone was seated, The judge looked at the plaintiff’s table, “District Attorney Kellogg, I thought these were civil cases?”

“They are, your honor.  I am here as a private lawyer, to support an acquaintance of mine.”

“Where is this acquaintance of yours?  Are you ready to proceed?”

Mr. Kellogg shook his head, no, “Your honor, Mrs. Lewis has some of the documents with her, that I need, to present the case.”

“Mr. Kellogg, I’m not sure that I understand what is happening in these cases, but I’m beginning to smell a rat.  Not only did they appear on the docket on extremely short notice, but now you tell me you’re not prepared.  Mrs. Lewis has exactly five minutes to appear, and then we’re going to proceed with or without her, since you seem to think these cases are so important that they should take precedence over all the cases that are on the books, and have been for several months.”

R. B. stood, “Your Honor, may I say something, since I’m affected by what’s happening in this courtroom?”

Judge Flowers had a funny look, “Identify yourself, and what is it that you think we should know?”

“I’m the supposedly incompetent son that that woman claims she should have control over.  My name is Raymond Burnside Lewis, the Second, but my friends call me R. B.”

“What is it that you wanted to say, young man?”

“I just wanted to say that I would be surprised if the witch is out of bed yet.  She doesn’t usually make her grand entry until about lunch time.”

The judge frowned, “Mr. Kellogg, please begin.”

“Your honor,…”

The man was interrupted by the doors bursting open,  “Okay, we can start. I’m here now that the security people have physically searched me.”

We turned around expecting to see some floozy.  Instead, the lady had on a gray business suit and low pumps.  She was wearing dark rimmed glasses and her hair was pulled back in a bun. She was wearing very little makeup. The significant thing was that she was showing almost no cleavage.  She started down the steps to the plaintiff area and tripped.  R. B. started to laugh.

The judge pounded her gavel, “What’s so funny, Mr. Lewis?”

Before R. B. could answer, Mrs. Lewis practically yelled, “That’s why I need to be made the guardian for the poor boy.  He has no sense of reasoning.”

Judge Flowers pointed, “Mrs. Lewis, that outburst just cost you a $1000.00.  Mr. Lewis, please explain why you were laughing.”

“There are two reason I was laughing, your honor.  The first is that I was thinking that her tripping was payback for the way that woman was acting at the football game, yesterday when she knocked over an older lady who was walking with a cane, as she was charging down the stairs.  The second reason is I just realized who Mr. Kellogg was.  He's the man who lives in the house which is directly behind what was my father’s house.  It was because of him, that I would get kicked out of the house almost every Monday and Wednesday afternoon at four o’clock.  If you don’t believe me, ask Judge Willard.”

Judge Flowers leaned forward and put her head on the knuckles of her left hand, “Judge Willard, I was wondering why you were here?   Can you confirm what Mr. Lewis just said?”

“Yes, your honor, I can address both of Ray’s comments. “I was at the football game yesterday, when a very scantily clothed Mrs. Lewis came charging down the aisle and did indeed knock a lady with a cane into the seats.  As to the second item, I live next door to the Lewis’ house.  I could almost set my clock on Mondays and Wednesdays by the arrival of Mr. Kellogg at the Lewis house.  He would arrive with his clothes on but would slip through the back gate about five o’clock with almost nothing on, especially if he was running late.”

I was watching Mr. Kellogg and he kept sinking lower and lower in his seat.

Judge Flowers looked at Mr. Kellogg, “I know you’re married, Mr. Kellogg.  What is going to happen when word of your activities gets out?  I would guess you can say goodbye to your marriage, and your political ambition to be the next Attorney General of the state of Georgia.”

“Rebecca, I told you that you were going too fast.  You’ve not only ruined me, but I’m guessing you’re going to be leaving town selling your body to pay your way back to your beloved California.  You made this mess.  You can get yourself out of it.  I’m leaving.”

Mrs. Lewis gave him the finger, “You’re such a pansy that you’d probably have blown it anyway.  I’m going to win without you.”

We watched as Mr. Kellogg left the courtroom, followed by two reporters. 

Mrs. Lewis stood, “I’m ready to proceed, if you’re ready.”

Judge Flowers pounded her gavel, “Mrs. Lewis, this is my court room.  I’ll decide when we will proceed.  That remark just cost you another thousand dollars.  Would you introduce your first claim, since you have seen fit to keep us in the dark and I’ve received no briefs?”

Mrs. Lewis handed Judge Flowers a folder, “The paperwork in this folder will prove Raymond Lewis was mentally unstable at the time he signed these papers.  Not only did he specifically exclude me from ever receiving a cent of his money, he assigned guardianship of Ray Jr. to a queer man who probably had been to bed with him.  The papers were signed after he had been diagnosed as having something wrong with his brain.”

Judge Flowers looked at the defense table, “Are you sure that Ray, Jr. should be hearing talk like this?”

R. B. answered, “Ma’am, I’ve grown up hearing talk like this.  Believe me, this is mild, compared to what I’ve heard.”

Judge Flowers quickly scanned the papers, “Does the defense know what these papers are about and what they say?”

Mr. Nicely stood, “Your Honor, I’m Warren Nicely.  I was Mr. Lewis' lawyer and prepared the papers, if they are the ones that were signed on the September 23^rd.  When Mr. Lewis signed the paperwork,  he certainly appeared to have all of mental capacities.”

Mrs. Lewis asked, “Are you saying that you’re a psychiatrist?”

Mr. Nicely shook his head, no, “I don’t pretend to be a psychiatrist like you’re obviously doing.  I’ve been around a lot longer than you have been, young woman, and I’m probably a better judge of people than you are, and I know that you’re no brain surgeon.”

Mrs. Lewis looked at the judge, “Lady, are you going to fine that man for talking to me like that?”

Judge Flowers laughed, “Lady, all the man said was that you weren’t a brain surgeon.  I assume that you aren’t.  Could you get on with your case?”

Mrs. Lewis put up her hands, “That’s all I have.”

Judge Flowers looked a little concerned, “This is all you have.  Mr. Nicely, do you have any witnesses you would like to present to refute Mrs. Lewis’ claim that her husband wasn’t in control of his mental faculties when he signed the papers that have been presented?”

Mr. Nicely stood in front of the table, “Thank you, your honor.  I’d like to call Doctor Glen Oliver to the stand.”

After the man I didn’t know was sworn in, I realized that everything had been very informal until now.  It turned out that Doctor Oliver was the Falcon team physician.  Mr. Nicely asked, “Doctor Oliver, in your expert opinion, did Coach Lewis have control of his mental faculties at the time of his death.”

“Yes, sir.  He and I talked almost daily after his brain tumor was diagnosed.  He was going to divorce his wife and try to make amends with his son.  His surgeon had told him that he probably had a least a year before he died.  As we were taking Coach Lewis from the field on the gurney, he mumbled, “Don’t let the slut get her hands on Junior.”

Mrs. Lewis jumped up, “I object.  That man has obviously been bought by Mr. Christiansen who the poor man was forced to sign over the guardianship of our poor feeble minded son.”

Judge Flowers pounded her gavel, “Mrs. Lewis, your comments are out of order.  We’re discussing Mr. Lewis’ mental faculties, not the guardianship of his son.  Now, sit down and be quiet.  Mr. Nicely, do you have anymore witness you’d like to call?”

“Yes, your honor.  I’d like to call Mr. Cole Weaver to the stand.  R. B. looked at me with a questioning look and I shook my head because I had no idea what was happening.

Mr. Nicely began, “Mr. Weaver, do you have any reason to believe Coach Lewis didn’t have all of his mental faculties about him at the time of his death.”

“No sir.  The Falcons have won two games that no one predicted we would win.  The Coach seemed a little preoccupied when he first found out about the tumor.  He called the team together and told us what was happening, so we wouldn’t be surprised if he had some bad periods.  That pulled us together as a team and we were determined that we were going to win for him.”

Mrs. Lewis interrupted, “Who’s going to believe the testimony of an illiterate nigger.  He’d say anything to get his hands on some money.  He's nothing but a queer.  He told me to buzz off when I offered him my services.”

The dreaded gavel sounded again.  Judge Flowers said in a very stern voice, “Woman, that outburst just cost you $5000.00 dollars.  Mr. Weaver, I apologize for that woman’s comments.  Mrs. Lewis, you say one more word while Mr. Weaver is on the stand, and I’ll have you thrown in the county detention facility.”

Mr. Nicely asked, “Mr. Weaver would you please correct Mrs. Lewis misconceptions about your background.?”

Cole began, “Dr. Christiansen and his wife took care of me and my Grandma, after my Granddaddy died.  They not only provided us a trailer to live in, they offered me a part time job, as well as transportation.  They kicked my ass and made sure I graduated high school with honors. They also made sure I did likewise when I graduated from Georgia Tech.” 

“Right after I was announced as the starting quarterback for the Falcons, Mrs. Lewis came and offered me her services for fifty dollars.  When I turned her down, she started to spread rumors that I was queer.  I may be queer, but I refuse to go to bed with a slut who has slept with over half the team and charged them big time.  The team has wised up and she obviously is desperate for money.”

Mr. Nicely nodded, “Thank you, Cole. Judge Flowers, I think we have proved that Coach Lewis was in full control of his mental faculties when he assigned Doug Christiansen the guardianship of his son.”

Judge Flowers nodded, “Mr. Nicely, I tend to agree.”

Uncle Howie stood, “Your honor, the two issues in question here are so closely tied together that it is difficult to keep them separated, but I would like to have Dr. Douglas Christiansen take the stand, so that all aspects of this case have been put before the court.

I took the witness stand and Uncle Howie asked, “Dr. Christiansen, would you please tell the court what it is that you do for a living and where it is that your sons and the young men whom you are guardian for, live?”

My name is Dr. Douglas Christiansen, and  I’m the President of the Harwood Community Junior College.  My four sons, and the two young men whom I’m the guardian for live at Summerhill, as do a number of other people.  Judge Flowers, I have the papers signed by Ray Lewis, Jr.’s mother, who has primary custodial care of him, assigning me as temporary guardian for R. B.”

The gavel sounded. “Why is this just now surfacing.  If Ray Jr.’s Mother is the primary custodial parent, where is she?  This whole fiasco could have been prevented.”

“I beg to differ, your honor, Ray, Jr. totally disliked both of his parents, and I know for a fact that Ray’s mother and father totally disliked each other.  Ms Starr is currently in Brazil, in a isolated location.  She called yesterday while we were at the game, and said that she had very limited access to communications at the remote site where they were filming“

Judge Flowers asked, “Mr. Willingham, do you have any more witnesses to call?”

“Yes, your honor, I‘d like to call Mrs. Lyudmila Tallinn to the stand, to be sworn in.

I looked around and didn’t see anyone.  What’s going on.

To be continued...       

Editor's Notes: Mrs. Who?  I can't say that I remember hearing that name before. Just who is Uncle Howie calling to the stand?

I don't think that the second Mrs. Lewis has made too many points with the judge. It seemed that she started out needing money, and she is already facing some pretty stiff fines, for contempt, so I think she will be needing even more money than she did before.

I hardly think that the judge is going to be too concerned as to what she might have to say.  I wonder.............. Shut up! You know better than to speculate about what is coming up.

I strongly suspect that things are going to get pretty intense in the next chapter, which I hope we will see very shortly.

I can hardly wait.

Darryl AKA The Radio Rancher  

Posted: 12/03/10