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    Mac Rountree
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Stories posted in this category are works of fiction. Names, places, characters, events, and incidents are created by the authors' imaginations or are used fictitiously. Any resemblances to actual persons (living or dead), organizations, companies, events, or locales are entirely coincidental.
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Divine Intervention - 21. Millie TIlley

September 2019

Monday Morning

 

“Mr. Harden, I am sorry to bother you at work, but it is rather important that we meet today.”

“Ms. Tilley, of course. Is there a problem?”

“There are things we should discuss.”

“Should I have my attorney present?”

“It is not required since it involves my role as guardian ad litem for your children, but if you would feel more comfortable with him present, then I cannot forbid you to have counsel present.” She was actually hoping that Mark would bring his attorney, but she could not say that to him.

Mark instinctively knew he needed his attorney present. They agreed on a time pending the availability of Evan Glynfell, Esq. When Mark called his attorney, it turned out that he already knew of the situation.

“Mr. Parkinson sent photographs to the court this morning of your children on a float in a gay pride parade in Durham. There are also pictures of you with Father Raverly and his husband. There are pictures of Belinda standing on church steps shaking a man’s hand. Belinda is dressed as a girl.” Mark gave a deep intake of breath. “There are pictures of you with another man where he is kissing your hand. Then there is a picture of you kissing him in a parking lot. There is a photo of you and the same man wrestling in the surf. The man appears naked. There is also a picture of you and this same man climbing into the back of a pickup truck, allegedly to have sex. The background is fuzzy, so I can’t tell where it was taken. Your parents are requesting a review of the case and immediate transfer of custody of the children to them.”

“We weren’t having sex in the truck!”

“That is what your family is alleging.”

“Why did Ms. Tilley call me first? Why hadn’t you called?”

“I received copies of the photographs and court paperwork just a few minutes ago. The Judge has called for a hearing on Friday to determine whether to revoke or amend his original orders. Ms. Tilley will make a decision today on whether to ask the Judge for immediate removal of the children from your care.”

“Fuck, this is ridiculous. This is a fucking nightmare. I don’t fucking believe it. Fuck them. FUCK THEM.” Mark knew he was screaming through the telephone line, but he couldn’t help himself.

There was silence from the attorney. He let Mark calm.

“Mark, I can make myself available any time today.”

The men agreed on a time and Evan said he would call Ms. Tilley to let her know. The attorney did not trust that his client could have a productive conversation with the guardian ad litem at that moment.

Mark broke down and cried. He cried like he hadn’t wept in many years. He was alone in his office and put his head down on his desk. After his body finally stopped shaking, Mark built up a fiery determination that no one was taking his children even if he had to leave the country. He decided that he, Dan, and the kids would flee to Algiers. He realized that his children did not have passports. Mark would get them immediately and pay whatever was required, so they were processed quickly. Hell, he would drive to wherever if it meant they could be had immediately. He needed to be ready. Mark was prepared to leave Hillsborough and everything he knew in life if it meant protecting his children. Mark called Dan and told him that something had come up and he couldn’t pick him up after work. He said he would see him on Tuesday. When Dan pressed, Mark lied and said it was something to do with work, and they would talk later. It was the first time that Mark had outright lied to Dan. Mark hoped that Dan remembered that the children were first in his life. No matter what had been said or even done the night before, the children were first.

Late in the afternoon, Mark and Evan met at the Mill House before they went to the Office of Family Services. Mark had arranged for Joe to look after the kids. Thomas had offered to go with them, but Evan thought it might be counter-productive since there were pictures of Thomas and Joe walking in the Gay Pride Parade and kissing.

Millie Tilley was greatly disturbed while reviewing the materials on her desk. She wasn’t upset at seeing the images. Rather, she was upset that the same thing could have happened to her and her partner. They had planned to get married, but Evelyn had cautioned her that it might end Millie’s career as an officer of the court where she served as guardian ad litem. They had raised Evelyn’s daughter and couldn’t imagine the court taking Emilie away from them. Millie saw the love in the pictures. That, however, couldn’t factor into her decision. She had to focus on what was best for the children. She knew the answer to that question but didn’t know if an independent review panel would agree with her. Being a closet lesbian could be such a problem at times. She wanted to bust down the closet door and let it fly where it may. Evelyn had a good job and they could live off of her income. However, Millie had a solid reputation in the legal community, and she wanted to maintain her position. She loved her job helping children.

Her intercom buzzed and she was told that Messrs. Glynfell and Harden were present. Millie decided to meet with them in her office instead of the conference room. She wanted them to be as relaxed as possible. There was a knock at her door and a secretary escorted the two men into her office. She asked them to sit on the sofa while she pulled up a chair. She wanted it to be an informal conversation. She needed Mark to be honest but not too honest. If she could, she would offer that she understood his situation, but that also had the potential to backfire in the courtroom. She had to remain neutral about Mark and look out for the best interests of the children.

Evan had prepared Mark by showing him the pictures. He cautioned Mark about over-reacting to the photographs in front of Ms. Tilley. Mark was incensed that a photographer was stalking him. He knew who was paying for the pictures.

“Be neutral as if these are the most natural images in the world. You are supporting your children in this photograph. Both Thomas and Joe were cleared after the investigation into their background. In fact, they were seen as exemplary role models in Philadelphia. They now have a foster child. Now explain what is happening in these other photographs.” Evan worked with Mark until he had rationale, non-emotional explanations that didn’t sound either defensive or aggressive. Mark could give context to each of the photos. The men were as prepared as they could be on such short notice.

Ms. Tilley put the pictures on the table in front of the sofa. Mark started shaking. Evan reached out and told him it was all okay and for him to be relaxed and explain what was happening in each photograph. Ms. Tilley reiterated what the attorney said.

“This isn’t court, Mr. Harden. The plaintiffs have filed a motion. Judge Woodward asked that I follow up to determine what our next steps should be.”

Mark sat back and thought of negotiating with clients in his job. He decided to take the same approach. He then displayed a professional demeanor that was a surprise to both the guardian and his attorney. He was no longer the distraught father but a surprisingly strong advocate of his role and the decisions he had made. Mark had squared his shoulders, had a look of determination in his eyes, and stayed on topic. He gave the necessary information without babbling on incoherently.

Ms. Tilley was at a loss. She was used to dealing with highly dysfunctional parents, not someone who was so articulate and convincing. Under usual circumstances, she knew the decision she would make but this was not a typical case. Justice wasn’t always blind, especially in small rural communities. Both Mr. Glynfell and Mark were looking at her. She wasn’t backed into a corner because she had more power than either of them, but she wanted to be strategic in a way that leveled the playing field.

“There is only one thing that is bothering me. You are now dating a man, not that the court will necessarily count that as a deficit, but why are you dating a man right now? I assumed that you were straight.”

“I am dating Dan. He happens to be a man. That probably doesn’t make sense to most people, and I am not sure it makes sense to me. Why now? It just happened that we met at the University and we hit it off. If this is going to be a problem, I will stop dating him. My children are first. Always.”

Ms. Tilley was trying to figure out how to respond. The silence grew uncomfortable to Mark. Evan was used to such silences in court. She approached Mark from a lateral direction.

“What do the children think of Dan?”

Mark hesitated. He knew Belinda loved Dan but wasn’t sure about Robert’s thinking on any given day.

“They don’t know him very well. I don’t know. Like I said, if this is a problem, I will stop dating him.”

“The court has these pictures and the Judge is looking to decide custody. Your parents are asking that the children be removed immediately. If you were me, how would you respond?”

The meeting finally got to Mark. He burst out crying.

“Don’t take my children. Please don’t take my children. They are all I have.”

Mr. Glynfell and Ms. Tilley saw the man emotionally crumble in their midst. Ms. Tilley said she was going to get them something to drink, and pointed out the restroom to Mark. She was gone for ten minutes. Drinks were distributed and Ms. Tilley checked to make sure Mark was okay to continue.

“I have been thinking. I would like to talk with your children. Today. I need to know their thoughts. Where are they this afternoon?”

“They are home with Joe.”

“You have a choice. I can do the interviews here in my office or at your house. Which would you prefer?”

Mr. Glynfell suggested Ms. Tilley’s office, but Mark looked deep into Ms. Tilley’s eyes and knew the answer.

“At our home. They are most comfortable there.”

Ms. Tilley smiled. She knew he had nothing to hide.

When Mr. Glynfell and Mark pulled up in the drive, Belinda and Robert came running from the house, grabbed their dad, and gave him a hug. Ms. Tilley said she would like to talk with the children separately and then together. She asked which one wanted to go first. Of course, Belinda liked to be first in all things.

Belinda led Ms. Tilley to the riverfront where they sat on the bank and talked. Robert was really pensive. He asked his dad what he was going to be asked. Mark said he wasn’t sure but said it was probably about their home, their relationship, and whether Robert wanted to stay with him.

“Is she going to ask me about Dan?”

Mark was taken aback.

“Possibly, probably. Is there something we need to talk about?”

“If I tell her I don’t like you dating Dan, what will happen?”

Mark caught his breath at the depth of Robert’s anxiety. He was so caught up with Dan; he hadn’t fully considered how his son would react in this situation.

“Robert, if you don’t want me to date Dan or if you don’t like Dan, we should have that conversation. I would like for that talk to be between the two of us and not with Ms. Tilley. I cannot forbid you from talking to her about that. Can this be between us until we get everything figured out?”

Robert nodded his head but would not look at his dad. At that moment, Belinda came up and said that Robert was needed. It took everything in Mark not to ask Belinda about the conversation; he didn’t have to worry. Belinda told him everything that had been said, including the questions about Dan.

When Robert returned to get Belinda, he wouldn’t look at Mark. Finally, Belinda and Robert were returning hand in hand with Ms. Tilley. She was also carrying her shoes. She said Belinda insisted they stand in the river while having the conversation. It was something about still waters running deep.

Ms. Tilley asked Mr. Glynfell to join her at her vehicle for a minute. She told him that she was not removing the children that day, but there would be a court hearing on Friday morning, and he should prepare his client for a rigorous attack. Ms. Tilley went back and explained to Mark that she would ask the Judge to issue an order in an hour that the children could stay with him temporarily and that there would be a court hearing on Friday. She stated that the children needed to be in attendance at the hearing. She asked Mark if he needed a subpoena issued to get time off from work. Mark told her if one was needed, he would let Mr. Glynfell know. After Ms. Tilley left, Joe suggested that he fire up the grill. Mr. Glynfell said he needed to go but would be in touch the next day.

“We need to prepare for the hearing on Friday. I think that we have been too reactionary, and maybe it is time for us to go on the offense. Let me think about this. It is a tricky situation, but if I can get you to testify to the Judge the way you spoke with Ms. Tilley, I think it will be a done deal. It is finding the right combination of being self-assured and forthright without coming across as arrogant.”

That night when Dan called, Mark didn’t talk about what had happened that day. Instead, Mark asked Dan about the house in Algiers and whether they could all take a vacation to Algeria. Dan was over the moon with happiness. He didn’t know Mark’s ulterior motive. Mark went online and read the requirements for passports and downloaded the documents and started the process. He would drive to vital records the next day to get birth certificates for his children. Mark wasn’t sure if he was being tailed all of the time and thought he would get Joe to take the children to Sam’s Club to get their passport pictures taken. It would look like a regular shopping trip. Joe said he would also take Clay to raise fewer suspicions and have Thomas take the application package to the post office. Mark didn’t want his parents to know what he was doing.

On Tuesday morning, Mark felt sure of his plan. He thought of his workplace mantra: plan the work, work the plan. He was actually happy after talking with Dan about traveling to Algiers. He was sitting in his office when his boss walked in and closed the door. Mike asked if they could speak. Mark knew that the question was rhetorical. Mike pulled out a folder and placed it on Mark’s desk. He opened it and Mark saw pictures of him and Dan. Mike sat and looked at Mark without saying a word. Mark decided he wasn’t going to speak until Mike asked something. Finally, Mike asked about the pictures taken on the Duke campus. He wanted to know who the man was that Mark was kissing. Mark explained that Dan was a doctor at the Duke Hospital and was his boyfriend. Mark called Dan his boyfriend. Admitting he had a boyfriend was a massive step for him.

“Why would I receive these pictures in my office yesterday afternoon?”

“I don’t know, Mike. Who sent them?”

“A courier delivered them as a priority package. I didn’t know you were gay. Don’t you have children?”

“Yes, I have children. I am not going to discuss my private life with you. I keep my personal life separate from my work life.”

“Except these things happened on the Duke campus. You work for Duke University. Some of these pictures look very personal. Anything that happens on campus becomes the business of the university. You are still a probationary employee, and I am concerned.”

Mark sat and didn’t say anything.

“Can you tell me anything about why I would receive a copy?”

“I am going through a rather nasty court battle where my parents are trying to take custody of my children. I think they hired a private investigator to take pictures of me. Pictures were also delivered to the Judge yesterday. I have been notified of a hearing on Friday for the Judge to let me know whether I will get to keep my children.”

At that point, Mike pulled out a picture of Mark with his two children at the Gay Pride Parade that started on the Duke campus. Mark didn’t say anything; he was waiting for Mike to ask the question which did not come.

Mark was on the verge of tears but decided he wasn’t going to give his boss the satisfaction of seeing him cry. He stared at Mike, not saying a word.

“Mark, I need for you to come with me.”

Mark knew he was being terminated. He decided he was leaving with his head held high. He would maintain his dignity. He got up from his desk, put on his jacket, and grabbed his briefcase. Mike opened the office door and led Mark down the hallway. When Mark entered Mike’s office, he saw the Director of Human Resources. He marshaled all of his inner strength for the inevitable conversation. Mike pointed to a chair for Mark to sit.

“Mike, are you satisfied with the explanation?”

Mike nodded his head at the question from the Director of Human Resources. They sat in silence.

Then Mike got up from his desk, walked across the office, took the pictures from the folder, and put them in the shredding machine.

“Mark, I have one more question. What can we do to support you and your children?”

It was at that point that Mark realized there were tears in his eyes. He wasn’t used to such humanity and caring in the workplace.

“Mark, you are a new, probationary employee, but we know of your work in Hillsborough, and we were so glad when you applied to come to work here. We support our employees. Unfortunately, you don’t have any accumulated vacation time. There is a provision in our employee handbook for senior managers, which allows the Division Directors to forward time to employees in emergency situations. I consider this such a situation. Mike has already made the request, and I am approving it right now. If you would like, take the rest of the week off to take care of your family business. If you identify who the Private Investigator is, please let us know because we can restrict his access to the campus. We are a private university, and we have a lot of latitude about who is on our property.”

Mark could not believe what he was hearing.

“Now, let me ask the question a different way. What can we do to support you in the hearing on Friday?”

“I don’t know. You would support me? How?”

The Director of Human Resources smiled.

“Give me the name of your attorney, and I will handle this.”

Mark gave her the information.

“Just one more thing. We are investing in you because we believe you have a great future here. We hope that you will make us your employer for many years. We want to strengthen our relationship with such a promising star. Now go, shut down your computer, and you are off until next Monday. Be in touch if we can do anything for you and your children.”

Mark couldn’t believe an employer would be so supportive. When Mark left Mike’s office, he heard the Director of Human Resources calling Evan.

Mark now had an even tougher call to make. Dan was in his office when the call from Mark was put through.

“Hello, lover. How are you today? Did everything get worked out.”

Mark caught his breath and told Dan what was happening, and it was best for Dan to stay in his apartment for the week. Dan disagreed, but Mark brooked no further discussion.

On Wednesday afternoon, Evan telephoned Mark with exciting news. Millie Tilley’s report to Judge Woodward had just been forwarded to him by the Clerk of the Court. Ms. Tilley was recommending that Mark maintain custody of his children and that the Judge enter an order to end this time of review and examination. She recommended to the Judge that the lawsuit that Mark’s parents brought for custody be denied. She suggested this be her final report in the case and that the children did not need a Guardian Ad Litem any longer.

On Thursday afternoon, Evan called again and said he had more good news. A Vice-President at Duke University who oversaw the division where Mark worked had sent Judge Woodward a letter supporting Mark. Mark did not realize that the Director of Human Resources was also a University Vice President. The letter suggested the university was looking into the work of the Private Investigator who was taking pictures of employees on campus. They had identified the Private Investigator and determined that he was not licensed in the state. The university was getting a court order banning the man from their campus; if he was found on campus, he would be arrested, and the university would proceed with a lawsuit.

Mark and the kids had dinner with Thomas and Joe that Thursday night. After they finished eating supper, Robert, Belinda, and Clay went into the field in front of the house to play hide-and-seek. Mark explained what he knew thus far. Thomas listened to everything being said. Joe was thrilled and said it was a slam-dunk. Thomas was more thoughtful and suggested that ‘pride goeth before a fall.’

“Don’t think this is all so neatly wrapped up, Mark. It is not over until it is over. There is still a court hearing tomorrow, and it could be brutal after observing your father’s tactics. Be careful.” Thomas looked at Mark before speaking again.

“What have you told Dan?”

“Dan and I had a conversation on Tuesday. This problem is mine to deal with; he will just have to adjust his expectations.”

“I probably shouldn’t tell you this, but he is seeking spiritual counseling because he is so distraught. That is a safer avenue than mental health counseling, which would show up in his employee record. He is a mess right now. He has taken leave from the hospital. He doesn’t understand what is happening and why you won’t take his calls.”

Mark was infuriated.

“How dare he go to other people about my problems. I didn’t ask him to do that?”

“Mark, he is having a problem also. He loves you. Do you love him?”

Mark cried out and said his happiness didn’t matter. What mattered was whether he kept his children. He looked at them and said that every time in his life when he found happiness, something came along to ruin it.

Mark jumped out of his chair and walked to the back door. He slammed the screen door as he called his children to go home immediately. They started to object, and Mark screamed that he wasn’t going to tell them a second time.

Thomas and Joe stood at the door and looked at each other. Joe then went into the field to pick up Clay. Clay was shaking and couldn’t move. Clay had never heard Mark scream at him, Belinda, and Robert. When Joe asked Clay if he was okay, but the child couldn’t speak, he was shaking so hard. Joe wrapped Clay is his strong arms and told him that he was loved. Joe bathed Clay and sat on his bed until he finally fell asleep. Clay kept whimpering and asking what he had done wrong. Joe thought all of the progress with Clay’s socialization up to that day had just evaporated.

The next morning, Mark got his children dressed for court. Thomas and Joe said they were going to take care of the children during the hearing and support Mark. Joe had called and asked Kathy, who typically took care of Robert and Belinda if she would care for Clay that morning. She agreed.

Witnesses were lined up in the hallway outside of the courtroom. The Judge had compressed the timeline on the case because of the allegations inherent in the photographs, and asked that all witnesses be available. Dr. Bradford had caught a red-eye flight from San Francisco and was at the courthouse. She was testifying on behalf of the Center for Transgender Studies. Mark had the doctors from Chapel Hill on standby and would call them with an hour’s notice to appear.

Evan had rehearsed and reviewed testimony with Mark until he felt his client was comfortable. Evan had another attorney practice cross-examination with Mark. Mark failed miserably; he was either defensive or aggressive with each response. The attorney worked with Mark late into Wednesday night on how to appropriately answer questions no matter how nasty and vicious they might be. It had been a rush job preparing Mark, but Evan knew not to ask for a postponement of the court date; it was clear the Judge probably wouldn’t grant such a request anyway.

They were standing in the foyer outside of the courtroom when Dan walked in. Mark could barely breathe when he saw Dan, who was dressed in a black suit with a red silk tie. Mark had not seen Dan since Monday morning after their dinner at the Fearrington House Restaurant. After they had expressed their love in both word and deed. After Mark did not want to separate from Dan as they went their separate ways on Monday morning. After he told Dan he couldn’t see him all week. After not taking Dan’s telephone calls. Yet, Dan came to support him. Dan looked devastated but put on his best face. He kissed Belinda and shook hands with Robert.

Dan had come to the courthouse on the off chance he was needed to testify. He didn’t understand the American judicial system, but he understood that he needed to be there for Mark. Dan was dismayed when he found out he was not allowed in the courtroom, but choked back his feelings and said he would stay with Belinda and Robert.

As everyone was filing into the courtroom, Dan walked up to Mark, looked him in his eyes, told Mark he would always love him, and then kissed Mark on the mouth. Mark returned Dan’s kiss and wrapped his arms around his lover. Mark Senior had a melt-down, screamed, and called them perverts. Big Mark then recognized Dan and screamed that he was going to kill him. Berta was crying. Faith was exclaiming that faggots should not be raising children. The Rev. Johnson was calling out for Jesus to smite the sinners. When they all assembled for the start of the hearing, they saw that Ms. Tilley had been sitting in the back of the courtroom. She had seen and heard everything but said nothing.

Thomas had been right with his astute advice. Judge Woodward constantly had to use his gavel to restore order in the courtroom. At one point, he threatened to find Mr. Parkinson in contempt of court. Mr. Glynfell sat with a bemused look on his face when his counterpart was called down by the Judge. He got his comeuppance before the day was over. The Judge was keeping strict control of the attorneys and the testimony from all parties. He grew increasingly severe as the day progressed.

The testimony was brutal, with each side digging into witnesses. Mark was thankful he had spent the week going through grueling hours of preparation. Judge Woodward had not seen such open animosity in his courtroom for a long time. Mark’s attorney went on the offensive for his client; Mark was astounded at some of the information that his attorney elicited through aggressive questioning of witnesses. At times, Mark thought it was open warfare. Mr. Glynfell had heeded Miss Tilley’s words of warning. The court broke for lunch, and Joe suggested they go to James’ Pharmacy for some seafood. When Mark walked out of the courtroom, Dan was waiting and hugged him. Mr. Glynfell felt the trial was going in their favor but knew that things could turn on a dime. Mark was to testify when they returned after lunch, so he only ate a sandwich. He didn’t want to hurl as he was testifying.

Joe asked if Mark wanted him and Thomas to take the kids home since the Judge had met with them earlier in the day. Belinda was adamant she was staying, and Robert followed his sister’s lead. Joe called Kathy and confirmed that she would keep Clay for the afternoon. They went back to the courthouse, and Mark said he felt prepared. Mr. Glynfell shepherded Mark through all of the testimony so he could tell his story and the story of his children. When he finished, Mr. Glynfell asked the Judge to grant a short recess before cross-examination. The Judge called the attorneys to the bench and had a brief discussion with them. He was not happy but granted a ten-minute break. He knew ten minutes typically turned into 20-30 minutes. Mark and his attorney walked into the vestibule and found Mark’s children, Thomas, Joe, and Dan. Mr. Glynfell asked that they pray for Mark and his testimony. He knew his client was ratcheted up, and unless he decompressed, he would explode on the stand. Dan put his arms around Mark. Thomas put his hand on Mark’s shoulders, and Belinda took his hands. Thomas prayed, and then Belinda spoke.

“I bless you, daddy. You will say the right thing. You are a blessed child of God. God will speak for you today. Let God talk.”

She then hugged her daddy. All of the tension that Mark had been carrying suddenly disappeared. He squared his shoulders, hugged his children, kissed Dan, and then walked back into the courtroom. The prayer and blessing had taken six minutes. When the Judge reentered the courtroom, he was surprised to find everyone ready.

Mark was centered and ready for the questions thrown his way. He was the perfect witness. No matter how much Mr. Parkinson prodded and poked, cajoled or sneered, Mark answered in a smooth, calm voice. He looked at the Judge or Ms. Tilley when answering. Mark even looked at his parents and sister. They wouldn’t look him in the eye. Question after question was asked trying to trip him up, but he answered succinctly and honestly. Mark had even disclosed that Dan was his boyfriend. The ease with which he said that surprised Mr. Parkinson. The lawyer expected Mark to balk at the question. Instead, Mark looked at his parents when he confirmed that Dr. Daniel Lillie was his boyfriend. The sky did not fall. The roof of the courthouse did not collapse. Rev. Johnson was shaken to his core that a homosexual would so openly confess to that abomination in a courtroom. He wondered if those people had any shame.

The final witness was Ms. Tilley. She essentially read her report into the court record. She then answered questions from the attorneys. Mr. Parkinson’s questions bordered on the rude and inappropriate. The Judge warned him about court protocol. Mr. Parkinson knew he was losing the case; he would toss a couple of softball questions and then would wind up the questions again before the Judge would gavel him down. It was late afternoon when the Judge asked if there were any further witnesses.

Mr. Glynfell said he had no further witnesses unless the Judge wanted to hear directly from Joyce Jones, the Vice President of Human Resources, who had written the letter on behalf of the university. Mr. Parkinson said he would like to examine Ms. Jones.

“If you wanted her to testify, why didn’t you subpoena her earlier, Mr. Parkinson?”

“I thought the time had passed to subpoena witnesses, your honor.”

“Did you ask?”

Mr. Parkinson knew he had shot himself in the foot.

Mr. Glynfell could only see the upside to Ms. Jones's testimony and said he had no objection since he offered up her availability. Judge Woodward was growing crankier as each minute passed.

Ms. Jones made quick dispatch of her testimony even when Mr. Parkinson tried to get the upper hand. Ms. Jones had testified in many cases and knew her way around court hearings and desperate attorneys.

The Judge said it was fortunate that he had taken time mid-morning to interview the children as the other testimony took longer than expected – parts of it being meaningless in a court of law. He reminded legal counsel that this wasn’t a church revival tent meeting. He also said he used his gavel more in that one day than he normally would have used it in a week or a month. He said he had lost count of the number of times he had to bring the attorneys under control. He was not happy. He said it was late in the day, but he would render a decision before they left for the weekend. He asked that everyone reconvene in thirty minutes.

Evan led Mark into the foyer where the children were waiting. Both Robert and Belinda were sleeping in the laps of Joe and Thomas. Mark moved away from them, saying he didn’t want to awaken the children. He whispered to Joe that it shouldn’t be much longer, and then they would go out for dinner. Ms. Jones hugged Mark and told him she was leaving. She wished him well and wanted a full report on Monday. Dan gave Mark a hug and kiss before Mark disappeared back into the courtroom with his attorney.

“All rise.”

After being seated, Judge Woodward took a few moments and looked at the parties in the case. It was not a friendly or happy look; he appeared very angry.

“It has been a long day, so let me proceed expeditiously. If counsel on either side interrupts, I promise we will meet in my chambers tonight, a Friday night when my wife expects me to take her out to dinner. Gentlemen, you do not want to tangle with my wife.”

“Now, Mr. Harden, Jr. It appears that you have settled into your new job very well. It is highly unusual for an employer to go to the lengths that yours has today. You should be proud and humbled by that. The reports from your professors are quite good. There is a letter from the Dean at the University Chapel detailing your spiritual life at Duke. It appears that your professional life, school life, and spiritual life are above reproach. The doctors spoke of your attentive nature regarding the care you and your children are receiving. I am pleased to hear that.”

The Judge paused and looked at his notes.

“I am not so happy, however, with your personal life, and this is critical in this case. You appear to be acting like a schoolboy. Was it so hard for you to keep your personal life together for thirty days? Haven’t your children been through enough changes recently without you deciding to go on a dating spree? And not only to date, but to date a man? I am not criticizing you if you are gay, but apparently, this is new information to others, and you alluded that this is new even to yourself. Is this going to be a regular pattern where you bring men into your home? What does that behavior signify to your children? Have you considered that? What is your message of not only being a promiscuous man but you then parade these men in front of your young children after a night sleeping together in your house? What are you thinking? Are you considering them? Is your home even a safe place for them to live? You even put your children on a float and paraded them with a bunch of men dressed as women through the streets of Durham. I am incredibly unhappy. You knew that the court had you under scrutiny for thirty days, but your hormones or testosterone or whatever it was, grabbed hold of you, and you decided that was more important than your children. I do not understand.”

Big Mark, Berta, and Faith were smirking as the Judge was talking. They felt that Ralph Parkinson had earned every cent of his exorbitant fees for representing them.

“I will tell you, Mr. Harden, Jr., that it is because of Ms. Tilley’s report that I have had to reconsider some of my thinking in this case. You may have fooled her, but you haven’t fooled me, young man. She and I don’t always agree, but there is a significant difference in our positions that I would like to make clear. Your attorney already knows this. Ms. Tilley works for me, but I am the Judge, and therefore I make the decisions.”

The Judge stared at Mark, who looked back. Mark wasn’t going to back down, but he didn’t want to challenge him either. Mark was already thinking of the emergency appeal he would have Evan Glynfell file immediately after the hearing.

The Judge then turned to the senior Hardens and their daughter.

“You have gotten your pound of flesh. Are you not satisfied until you suck the blood from your son’s body also? You took his job, you took his house, you tried to take away his dignity with these photographs, and you have continued to try to take his children. You claim rights as grandparents, but this is still a fairly new legal area without a lot of case law in this state. Grandparents have to show a compelling reason why they should have contact when a parent tries to stop that contact. Will you not be satisfied until you get control of Mr. Harden’s children, and he has no course but to end his own life? You heard him say if he didn’t have his children, he had no reason to live. Will you be satisfied then?”

The Judge stared at them.

“What parent does this to a child they profess to love? You said on the stand today that you loved your son. You said you loved your child, but you hated his sin. You said you were taking these actions because of his sin. My court is not an ecclesiastical court. You are in the wrong venue for that argument. We are not here to judge religious sin but rather to follow the laws of the State of North Carolina. I am sure that your attorney advised you on the difference between the two, but I have to question whether that message was understood. I also have to question your attorney’s competence in this area. What is your next step? Wiretapping? Drone surveillance? You have already employed a person who was nothing more than a spy. To what depths are you willing to go to destroy your son and your grandchildren? It was apparent in the interviews I had with the children that they love and adore their father. I believe it is safe to say that to separate them would not only destroy your son, but it would effectively kill your grandchildren. Would you be happy if your grandchildren were also dead? To what end are you willing to go?”

The Hardens were now looking at the tabletop, and all smirks were gone.

“I see some horrific cases in this court. It is an unfortunate aspect of what comes through these doors. My job is to work with families, the courts, law enforcement, schools, family services, and others to try to craft some type of solution for the safety of children. I have tried that with this case. I am disgusted, just outright disgusted, that a privileged family with money, prestige, property, employment, education, and name recognition in the community would bring such a case to this court. You have wasted the time of this court through your prejudice, hate, and pettiness. I have a responsibility to administer justice consistent with the law, and I am trying my darndest to do that today.”

The Judge took a deep breath while looking down at his papers.

“Mr. Harden, Jr., would you please stand.”

Mr. Glynfell assisted Mark as he tried to stand. Mark’s legs were like jelly. Already his eyes were filled with tears.

“Mr. Harden, Jr., it is the order of this court that you retain custody of your children for the next thirty days. The court petition of Mr. and Mrs. Harden, Sr. to obtain custody, is denied. That case is closed and will not be re-adjudicated in my court. However, I have just entered an order that you are to appear here in thirty days for the court to determine whether the state will assume custody of your children at that time. To schedule another hearing is an unusual step, but you led us down this pathway, and I cannot ignore it. Young man, you need to be prepared to show the court that you are capable of being a father who has the best interests of his children at heart. Excuse my vulgarity, but you need to think with your mind and not your penis.”

“Ms. Tilley will maintain her role as Guardian ad Litem. You will report to her twice a week about your family activities, more specifically your activities. I will meet with her regarding a list of items I want to be reported weekly. If your actions raise concerns, I will immediately order the children to be taken into state custody while we sort through the particulars. Understand when I say immediately, I will send deputies to remove them wherever they are. They will be in state custody, and you will have to fight to get them back or even to see them.”

“Mr. and Mrs. Harden, Sr. and Mrs. Hopkinson no longer have visitation rights with the children. I have ordered that a restraining order be issued to prevent them, Rev. Johnson, or anyone they hire to surveil you or to be within 100 feet of you or your children. They are not to call you, talk to you, mail you, in essence, if they try to communicate with you or the children in any way, please notify the court, and I will issue a warrant for their arrest. At Ms. Tilley’s request, I have also entered a protection order for Dr. Daniel Lillie, who was threatened in this courtroom today. Mr. Harden, Sr., you will be arrested if you violate that order. Further, you will go to prison if you harm Dr. Lillie. Both Miss Tilley and I will testify about what you said in my courtroom today, sir. I have no tolerance for such threats.”

“Mr. Harden, Jr., I hope that in thirty days, I see a reason for you to retain custody of your children and for me to end this case. It is all in your hands. You have to make decisions about your life and the lives of your children. You either make the right decision or the court will.”

“Court dismissed.” The gavel sounded like a rifle report as the Judge slammed it on the desk.

“All rise.”

Judge Woodward left the courtroom. Mark slumped in his chair. Evan Glynfell told Mark they needed to leave the courtroom. Mark looked up and saw his parents arguing with their attorney about filing an appeal.

Mark felt like he had just been diminished in a significant life-altering way while his attorney thought they had won a major legal battle. It was all a matter of perspective, but Mark knew he had to take an action that would rip out his heart – he had to tell Dan that their potential for a life together was gone. He had to say goodbye to Dan. Even worse, Mark knew that any opportunity for finding future happiness in his own life had just been ripped away. He hadn’t felt this empty and bereft since he walked away from Linda’s grave.

Copyright © 2019 Mac Rountree; All Rights Reserved.
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Chapter Comments

I would have thought that Mark has had enough drama in his life... and I was definitely not prepared for such a roller-coaster of emotions.

Why does this upright judge, who performs his tasks with admirable responsibility, share in the prejudice that homosexuality equals promiscuity? Did he not see that Mark has been with one man and only one so far? I thought that was what the photos showed. Obviously he is not neutral when gay people are in front of him. Millie's partner seems wise in cautioning her to keep her private life very private.

I wonder what Mark is going to do. At the end of the chapter he seems bent on cutting off Dan, sacrificing his love and Dan for the love of his children. I hope Evan, Thomas and Joe can see more clearly what to do. Belinda will not be happy with her father's decision to ban Dan from their lives, I guess. And I wonder if Clay's reaction to Mark's fury will not play a role, too. And what about Robert? He hardly figured in this chapter.

For me the answer would be clear: Have them marry. That should send a clear message to all who are concerned what the love portrayed in the photos means to him. Is gay marriage legal in NC? Is there an alternative? This judge seems to want to press Mark to do either A (giving up his children) or B (giving up his own private life based on his love for Dan). I think Mark should try C proving his love for both his children and his lover. But I have no idea if this could be understood by this judge or any other where Mark lives.

I do not want to be in Dan's shoes now.

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Tremendous chapter. Thank you for not taking the easy road and letting Mark off the hook. No matter what is right or wrong, it also is a question of judgment and Mark did not show any GIVEN THE CIRCUMSTANCES. He handed the others a smoking gun. They all may live happily ever after but only after some serious challenges.

Edited by starboardtack
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5 hours ago, pvtguy said:

Again, simply WOW!!!  I do believe the judge was out of line in what he said about a parade of men passing through Mark's house.  That is and would not be the case.  And now..on to the next chapter!  Absolutely wonderful job, Mac!!!

Tony

Tony,

The judge was liberal in portraying Mark as a libertine.  It was the very image that Ralph Parkinson wanted the judge to believe.  I can imagine the Judge frothing at the mouth by that point in the day.

Thank you for the compliment on the story.  It comes at a particularly powerful time in our lives.

Mac

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5 hours ago, Thomas Haworth said:

I would agree that the judge's comments about Mark would seem out of line; however, remember that this is set in North Carolina, home of the Bathroom Bill. Sadly, the judge's comments and actions seem in accordance with a common legal view in the area.

Thomas,

You are absolutely right about the politics of North Carolina that bleed into the judicial system.  

Thank you for reading the story and commenting.

Mac

Edited by Mac Rountree
5 hours ago, mayday said:

I would have thought that Mark has had enough drama in his life... and I was definitely not prepared for such a roller-coaster of emotions.

Why does this upright judge, who performs his tasks with admirable responsibility, share in the prejudice that homosexuality equals promiscuity? Did he not see that Mark has been with one man and only one so far? I thought that was what the photos showed. Obviously he is not neutral when gay people are in front of him. Millie's partner seems wise in cautioning her to keep her private life very private.

I wonder what Mark is going to do. At the end of the chapter he seems bent on cutting off Dan, sacrificing his love and Dan for the love of his children. I hope Evan, Thomas and Joe can see more clearly what to do. Belinda will not be happy with her father's decision to ban Dan from their lives, I guess. And I wonder if Clay's reaction to Mark's fury will not play a role, too. And what about Robert? He hardly figured in this chapter.

For me the answer would be clear: Have them marry. That should send a clear message to all who are concerned what the love portrayed in the photos means to him. Is gay marriage legal in NC? Is there an alternative? This judge seems to want to press Mark to do either A (giving up his children) or B (giving up his own private life based on his love for Dan). I think Mark should try C proving his love for both his children and his lover. But I have no idea if this could be understood by this judge or any other where Mark lives.

I do not want to be in Dan's shoes now.

Dear Mayday,

It was a roller-coaster of emotions.  

The Judge took his frustrations of the day's hearing out on Mark.  He probably thought he had only heard part of the wild life of Mark Harden.  

Mark has several choices to make.  He is so confused and angry that his usual rationale brain will not necessarily help.  He will strike out at others as he writhes in pain.  Fortunately, others are loving and concerned.

A marriage between the two would be wonderful.  I love choice C.  Will he adhere to the court or will he love his partner and children or somehow figure out how to do all of the above.  Paris and Algiers are always an option.

Dan has to walk this path.  He struggles, stumbles, and decides there is only one solution.

Thank you for reading and commenting.  I love your insight into the characters.

Mac

3 hours ago, Jaybee0323 said:

The judge used the law while inserting his own bias.  Not unlike what we see in many courts today.  Please, I don't want to cry again in the next chapter!

Jaybee,

You are absolutely right.  Miss Tilley knew that application of the law was not always blind.

Get a big box of tissues for tomorrow.  Sorry.  Mark hasn't gotten to the ninth circle yet.

Mac

1 hour ago, Thomas Haworth said:

This, unfortunately, goes way back in US courts, even up to the Supreme Court. I would point you to Dred Scott vs Sandford (1854).
(And, no, I am not a lawyer.)

Thomas,

You are right about how this goes back to the US Courts.  Thanks for clarifying the fact that you are not a lawyer.  Good move on your part.  LOL.

Thanks for reading.

Mac

35 minutes ago, starboardtack said:

Tremendous chapter. Thank you for not taking the easy road and letting Mark off the hook. No matter what is right or wrong, it also is a question of judgment and Mark did not show any GIVEN THE CIRCUMSTANCES. He handed the others a smoking gun. They all may live happily ever after but only after some serious challenges.

Starboardtack,

Mark handed the case to his parents on a silver platter.  Love makes us all foolish.  He was more foolish that he should have been given his oversight by the courts.   

He knows that he will live in the hell of self-incrimination for the next 30 days.  Can he do that and come out stronger on the other end?

Thank you for reading.

Mac

37 minutes ago, Mac Rountree said:

Tony,

Thank you for catching the error.  I can't even count the number of times I had read that chapter.  Argh.  

Readers need to be strong and open minded during the next three chapters.  

Mac

 

33 minutes ago, Mac Rountree said:

Starboardtack,

Mark handed the case to his parents on a silver platter.  Love makes us all foolish.  He was more foolish that he should have been given his oversight by the courts.   

He knows that he will live in the hell of self-incrimination for the next 30 days.  Can he do that and come out stronger on the other end?

Thank you for reading.

Mac

 

38 minutes ago, Mac Rountree said:

Tony,

Thank you for catching the error.  I can't even count the number of times I had read that chapter.  Argh.  

Readers need to be strong and open minded during the next three chapters.  

Mac

MacRountree that something i csn relate to.. I used to work as an editor fir a big Weekle magazine; Sometimes i read the article several times and always would catch a new typo... It happens everyday. 🤓

  • Love 1

Geez I HATE bigotry!!  That Judge needs to do a self-check on his demonizing something that is contrary to what "his" opinion of love should look like!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 

I am originally from California where I met my husband who eventually brought me back to his roots in Florida, because of ailing parents. So, I am well aware of the "Southern Culture" from which he fled.  We even have relatives in North Carolina as well - but fortunately most have come around to accept our relationship now entering our 44th year!!

I can only repeat what Lin-Manuel Miranda recently said:  "Love is Love is Love" !! 

Sorry, didn't mean to rant.  You got my motor going Mac!!  Thanks for a great story!

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12 hours ago, KayDeeMac said:

Geez I HATE bigotry!!  That Judge needs to do a self-check on his demonizing something that is contrary to what "his" opinion of love should look like!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 

I am originally from California where I met my husband who eventually brought me back to his roots in Florida, because of ailing parents. So, I am well aware of the "Southern Culture" from which he fled.  We even have relatives in North Carolina as well - but fortunately most have come around to accept our relationship now entering our 44th year!!

I can only repeat what Lin-Manuel Miranda recently said:  "Love is Love is Love" !! 

Sorry, didn't mean to rant.  You got my motor going Mac!!  Thanks for a great story!

KayDeeMac,

Congratulations on being with your partner for 44 years.  How wonderful.   

I love the Lin-Manuel Miranda sonnet.  I was watching "The Tony's" the night he read it for the first time.  The man is genius and his sentiments are powerful.  

I love that the chapter got your "motor going."  It is okay to rant.  I consider that a gift.  The Judge certainly has issues regarding sexuality.    He not only dressed down Mark, but also Ralph, Berta and Faith.  He was disgusted with all of them.  Millie has the power to help the Judge understand his prejudice.

Thank you for reading.  

Mac

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