The E.R.

 by: Miguel Sanchez

© 2005-2008 by the author

The author retains all rights. No reproductions are allowed without the author's consent. Comments are appreciated at...

I was getting hungry and I know that snack I got for the other two wouldn’t hold them for long so I decided to take my leave. TJ looked at me as we reached the door and said, “I’m hungry Dad.”

Just then Barry piped up and said, “I’m hungry too.”

“You just had a snack,” I said as TJ looked at his brother.

“Hey no fair,” TJ said.

“Come on guys,” I said as I walked towards the car. “I’ll stop at the Colonel on the way home.”

I picked up a ton of food, which was barely enough for this crew, two DVD’s and had a relaxing evening at home.

Chapter 10

Sunday seemed to drag by even with spending the day at the pool. Candy came over and we sat and talked while the boys played and swam. We were sitting there talking when out of the corner of my eye I see Barry launched skyward. TJ and Freddy each took a leg and they shot him up and out of the water. “Whoo hoo hoo” Barry screamed as he flew up out of the water.

The next thing I see is a big splash of water as Barry came down in a perfect cannon ball. Water went flying everywhere and soaked Candy and me. “Thanks guys,” she says now somewhat wet.

Freddy turned around and saw his Mom wet and said, “Sorry Mom.”

Meanwhile, Barry is saying, “Do it again guys. Do it again.”

It was getting late and Candy wanted to get out of her damp clothes so I said, “That’s enough for one day guys. Freddy and his Mom need to get going. Barry, you need to get changed because you’re going to be staying with Freddy tomorrow while we’re in court.

That brought out the whines from both Barry and TJ with Barry saying, “Aw Dad, it’s early yet and why can’t I go with you”

It was 8:30 and we had a big day ahead of us tomorrow. I said, “We have a big day tomorrow. Barry, it’s a closed court. Only those directly involved with the case can be inside. Fred said it wouldn’t take long but we never know what might happen. You’ll have plenty to do so the time will pass quickly.”

Barry started moping then said, “Can I go there in the morning? I wanna stay here tonight with you and TJ.”

I really wanted Barry with us tonight so I relented and said, “Alright son, I’ll drop you off at Freddy’s in the morning.”

The boys got out of the pool and started drying off. We headed back for the apartment when I saw TJ give Freddy a big hug. They exchanged kisses then we went inside. I went towards my bedroom when I saw Barry and TJ head towards his bathroom. I thought it was nice that Barry wanted to be with TJ right now. After our showers, I put Lord of the Rings, Return of the Kings in the DVD player and I watched it surrounded by my boys. It was almost midnight when it was over and Barry said, “Can TJ sleep with us tonight?”

I couldn’t think of a better place I wanted him tonight so I said, “Sure he can love. Come on guys, let’s get ready for bed.”

We did our nightly duties then curled up together and drifted off to sleep. The alarm woke me at 7 with its usual nasty buzzing. I tried to reach over TJ but with him being sound asleep he was dead weight to move. I finally had to sit up and lean over him to shut it off. I ended up losing my balance and landing on top of TJ. “Huh?” he said after being startled from a sound sleep.

“Time to rise and shine sleeping beauty,” I said kissing him on the side of his head.

I rolled over and shook Barry saying, “Wake up love.”

“Oh Mike five more minutes,” he said in his usual morning whine.”

“Come on boys, up and at ‘em,” I said, this time yanking the covers off of them leaving their nude bodies to the chill.

“Daaaaad,” TJ said trying to find the covers.

I playfully slapped each boy on the butt before I went into the bathroom to relieve my overfull bladder. I washed my hands and face then ran them under cold water. I went back into the bedroom then put one hand each on TJ and Barry’s warm bodies. “Eeeeyow,” Barry hollered sitting upright. “No fair Mike, that’s cold.”

“That was the idea I said putting my underwear and pants on.

“Let’s get going now,” I said pulling a tee shirt on over my head. “It’s already quarter after and you still need to eat.”

I went down the hall to the kitchen so I could make the coffee. I set the bowls and cereal down for the boys’ breakfasts then poured my first cup of coffee. Barry and TJ finally managed to join me in the kitchen but couldn’t manage to put anything more than their underwear on. I had my second cup of coffee while the boys ate their cereal. They rinsed their bowls and put them in the dishwasher then went and got dressed. I went back to my bathroom and quickly shaved and finished getting dressed. I went back to the kitchen and had my last cup of coffee then got the boys to leave for court.

I stopped at Freddy’s on the way and dropped Barry off. He gave each of us a hug and a kiss then wished us good luck. It took about thirty minutes to get to the court building downtown. We found a place to park and met Fred on our way inside. We walked down the huge corridor until we came to Courtroom 4. Beside the door was the name Judge Herman Walker, General District Court. Fred reached for the handle and said, “This is where the case will be heard. Go on inside, I have to go over to the clerk’s office and I’ll be in.”

TJ was getting visibly nervous so I pulled him close to me and said, “It’s gonna be alright son. You have to trust us. Alright?”

“I’m really getting scared now Dad,” TJ said looking around as if he was going to run away.

“I know you are,” I said leading him over to a bench where I sat him down and continued talking to him. “We’ve talked about this before, haven’t we?”

“Yeah,” he said.

“Well it’s time for me to step up and put into action everything I’ve said I was going to do,” I said looking him right into his eyes. “I’m not going to let you down son. I love you so much. I can’t imagine my life without you and your brother and I’m not going to lose that.”

TJ fell into my arms wrapping his arms around my neck. I heard him softly crying then he said, “I love you too Dad. The last time I was this happy was when I was with my parents.”

“I know baby,” I said cooing softly.

TJ got his emotions under control so I took him to the men’s room where he could wash his face and make himself presentable. When we stepped back into the hallway, Fred was heading towards us. He stopped and said, “You ready now?”

TJ looked up and said, “Let’s do it.”

We headed back to the courtroom and entered the cavernous room. We followed Fred and we took our seats behind the rail then waited for things to begin. We didn’t have long to wait when we heard a voice say, “All rise, General District Court is now in session, the Honorable Herman Walker presiding. All those with business before this court draw near and you shall be heard.”

A door beside the judge’s bench opened and a middle aged man came out and stepped to his seat. He sat down then said, “Be seated.”

We sat down then the judge said, “Call the first case on the docket please, Mr. Bailiff.”

He picked up a file and said, “This is an adoption hearing Your Honor. Mr. Michael Cummings wishes to adopt Terrance Jerome Preston.”

“Thank you,” the Judge said. “Is Mr. Cummings present?”

Fred stood up and said, “Yes Your Honor. Fred Billings for the petitioner Michael Cummings and the minor child Terrance Jerome Preston and both are present.”

“Nice to see you again in my courtroom Mr. Billings,” the judge said as he looked around the courtroom. “I assume your witnesses are here?”

“Yes Your Honor,” Fred said. “They’re waiting outside until they are called.”

“Very well,” he said. “It looks like this might be an easy case,” he said as he looked over the file. “I don’t see a Physician’s report.”

“Here it is,” Fred said as he approached the bench. “This was done Saturday and I didn’t have time to include it when I filed. My apologies.”

The judge reached for the papers then said, “No problem, is the Doctor here?”

“Yes Your Honor,” Fred said as he returned to his seat.

“This is a very comprehensive psychological report here,” the Judge started saying. “It tells me a great deal. I don’t think. . . .”

Just then the courtroom door opened and two women burst in. “My apologies to the court Your Honor,” one woman said heading for the rail and to her table. We were unavoidably detained. Margaret Feldman representing Social Services.”

“It’s ten past the hour,” the Judge said. “You’ve been here enough in my court to know we start on time.”

“Yes Your Honor,” the woman said. “I had a witness I needed to talk with that just came to my attention.”

“So you hold up my schedule?” The Judge said and he wasn’t happy.

“I’m sorry Your Honor,” she said. “It was an expert.”

“Very well,” he said. “Let’s get started. I’ve read the reports and I’m prepared to rule.”

“Your Honor,” the woman said standing. “Social Services objects to this adoption.”

“As always,” the judge said. “Let’s get started then. Call your first witness Mr. Billings.”

“I call the petitioner Michael Cummings,” he said.

I squeezed TJ’s hand and headed for the witness stand. The clerk walked over and held out a Bible and I put my hand on it while he said, “Do you swear to tell the truth, the whole truth and nothing but the truth in the matter now pending before this court, so help you God?”

“I do,” I said.

I took my seat and Fred came up and said, “Please state your name for the record.”

I adjusted the microphone and said, “Michael Cummings.”

“Where are you employed Mr. Cummings?” Fred asked.

“I’m a Registered Nurse at County Memorial Hospital,” I said. “I’ve been employed there for 15 years and I’m the Head Nurse in the Emergency Department.”

Fred then asked how I came to meet TJ and I explained how I found him waiting in the ER and him then telling me about what happened to him. I explained that he was taken into the department and examined by Dr. Miller and that he had gonorrhea. I said that we then contacted Social Services and the Police and the necessary reports were made with them. I said that TJ was placed with me as I was a licensed foster parent. Fred then looked at me and asked, “Is it true at you are gay Mr. Cummings?”

I knew this question was coming but I still sucked wind when he asked it. I looked at the other table and I saw both women whispering back and forth smiling. I bet they just knew they could get the petition dismissed if I said yes. I took a deep breath and said, “Yes I am.”

At that point the one lady jumped up and said, “Your Honor, we move for an immediate denial of the petition. Not only is he single but he’s a pervert.”

“Watch your language in my court Ms. Feldman,” he snapped.

“Being a fag is,” she started to say.

“$100.00 fine Contempt of Court,” he said. “Care to make it $200.00?”

“Being gay is not compatible with being a parent,” she said.

“Why not?” The judge asked.

“They just aren’t,” she said. “They will try to turn the child homosexual and molest them.”

“I’ve heard just about enough,” the judge said. “Motion denied.”

“Are you currently in a relationship Mr. Cummings?” Fred asked.

“No Sir,” I said. “I haven’t found the right person for me and now I have more than myself to think about.”

“Does your being a parent mean you will never date?” Fred asked.

“No Sir,” I said. “I haven’t dated since college so I don’t even know what it’s like any more. My son comes first now and always. I’ll cross the dating bridge if and when I come to it.”

“Thank you Mr. Cummings,” Fred said. “You’ve been very forth coming today. Nothing further Your Honor.”

“Your witness,” the judge said. “I’m telling you now Ms. Feldman, watch your step.”

“Yes Your Honor,” she said as she walked over to the witness stand. “Why do you want to adopt THIS child Mr. Cummings? Why not adopt a girl or an older child? Is it because you’re about to have your way with him?”

“OBJECTION!” Fred said.

“Sustained,” the judge said. “One more question like that and it will be $200.00 plus 10 days.”

“Have you seen this child’s genitals Mr. Cummings?” She asked.

“Yes,” I said. “In the Emergency Room and when I had to put a steroid cream on him.”

“Have you touched his penis?” she asked.

“Objection,” Fred said. “Relevance.”

“Yes Ms. Feldman,” the judge asked. “What is the relevance of that question?”

“Goes to motive for wanting to adopt him,” she said.

“Sustained.” The judge said.

“I’ll answer it,” I said. “I’ve had to see his groin and I’ve touched his penis but only in the scope of medicine. Does a parent who gives their child a suppository grabbing a feel of their child? No, of course not. It broke my heart seeing him suffer like that.”

“Then why didn’t you let him do it?” she asked.

“He asked me to do it,” I said.

“Sure he did,” she said as she went back towards her desk.

“$200.00 and 10 days,” the judge said.

“No further questions,” she said.

“At this time Your Honor the petitioner rests,” Fred said. “We will put on our closing after you’ve interviewed TJ in your chambers.”

“Objection,” Ms. Feldman said. “The boy is 14 and old enough to be questioned in open court. We want a chance to question him ourselves.”

“Very well,” the judge said. “One hint of an inappropriate question and I will put you in jail on the spot. Do I make myself quite clear?”

“Yes Your Honor,” she said defeated.

“You may present you case,” the judge said.

Ms. Feldman stood and said, “Social Services calls Dr. Cynthia Wilkins to the stand.”

I looked at Fred and he smiled. He whispered saying, “She interviewed with me three years ago and she’s a big homophobe. I’ll get her on cross and then will call Dr. Sanderson for rebuttal.”

The shrink was sworn in and Ms. Feldman started her questioning. She asked, “Have you had a chance to read the report prepared by Dr. Sanderson?”

“At your request I read all three interviews,” she said.

“Have you come to any conclusions?” Ms. Feldman asked.

“Yes I have,” Dr. Wilkins said. “Reading the interview of the child tells me he is severely depressed over the loss of his parents and is rebelling towards authority figures.”

“How can you be so sure?” She asked. “I mean you didn’t interview the boy.”

“I don’t need to,” the doc said. “The sexual acting out that his Uncle witnessed and the accusations he was assaulted then put out of the house. A caregiver such as his Uncle would never do that.”

“Do you think Mr. Cummings would be a suitable parent for the child?” Ms. Feldman asked.

“No I do not,” Dr. Wilkins said. “The child is in need of intense inpatient mental health.”

“No further questions,” Ms. Feldman said.

“No questions,” Fred said. “I call Dr. Phyllis Sanderson to the stand in rebuttal.”

Phyllis came in and was sworn and Fred began his questioning. “Have you had the opportunity to interview the petitioner and the child?” He asked.

“Yes I have,” Dr. Sanderson said. “TJ, as he likes to be known, is a very well adjusted 14 year old boy considering all he has been through. After the loss of his parents he was sent to live with his Uncle. The man was both physically and verbally abusive to the child. I did some digging and I found a police report from two years ago where neighbors called them because he was yelling and screaming at the child. The officer reports seeing the Uncle strike at the child but since he wasn’t actually hit he wasn’t arrested. TJ is an above average student in school and has a very outgoing personality. His teachers have noticed the change in him since he’s been with Mr. Cummings. He no longer lives in fear of being beat. It is my opinion that he be adopted by Mr. Cummings.”

“Thank you Doctor,” Fred said.

Social Services knew they couldn’t shake her testimony. Ms. Feldman just said, “No questions.”

“At this time Your Honor we would like to submit to the court a statement given to the police by Calvin Preston,” Fred said. “In it he admits to trying to hit the boy with his belt and putting him out of his home. He also says he wants nothing more to do with the child.”

“So submitted,” Judge Walker says.

I looked over at the women and they were arguing back and forth and the judge was about to say something to Ms. Feldman when she stood and said, “Your Honor, we would like to put a motion before the court and make a statement.”

Fred said, “No objection Your Honor.”

The judge nodded his head and Ms. Feldman said, “While it is and always will be the position of Social Services to contest adoptions to single males and homosexuals, we don’t have any evidence that Mr. Cummings is now or will be an unfit parent. We therefore remove our objection to this adoption and move that it be approved.”

“Very well then,” the judge said. “It is the judgment of this court that the petition of Michael Cummings to adopt Terrance Jerome Preston is hereby granted. It is also the order of the court that Terrance shall now be known as Terrance Jerome Cummings. Court is adjourned.”

TJ jumped into my arms and started crying as he hugged me. “I’m your son now, aren’t I?” TJ asked as tears rolled down his face.

“For ever and ever son,” I said as I held him close to me.

I looked up and Ms. Feldman was coming over towards us. I moved TJ around to my hip as she said, “I see he loves you very much Mr. Cummings. I also see you’re a good man. I wish you both a lot of love and happiness.”

“Thank you,” I said setting TJ down.

Fred looked at her and said, “You know he has another foster son who was nearly abducted by the same man who hurt TJ.”

“I knew he had another boy but didn’t know the particulars,” she said. “If he petitions the court to adopt him, we won’t object.”

“Thank you,” Fred said shaking her hand.

The courtroom doors opened and I saw Pat walking towards us. TJ jumped down and ran to the big detective saying, “I’m adopted Pat. Mike’s my Dad now.”

Pat picked him up and hugged him saying, “See, didn’t we tell you it would work out if you trusted him?”

“Yeah you did,” TJ said smiling.

We walked out of the courtroom and headed towards the exit. We got half way to the doors when TJ stopped dead in his tracks and wouldn’t move. I looked back and saw my son stiff as a board staring. “What’s wrong son?” I asked trying to see what he was looking at.

“That’s him,” TJ said. “The man in the yellow shirt over there, that’s him.”

To be continued...

Posted: 06/20/08