Disclaimer: I do not own the rights to Numb3rs or the characters therein. All characters are fictional, and should not be associated with any other person- real or imagined.
Author's note: I prefer to respond to reviews privately, but if you send one anonymously (which I obviously don't mind, otherwise I would shut off that option under my penname) the only way I can discuss a comment is this way, and then I risk sounding petty, which I try not to be. So, anyway, I didn't plan to be mean when I had Alan make the comment 'maybe I had the wrong son first'. I absolutely love Don, and think he is the most kind and thoughtful man on television- I would never purposely put him down. This was just meant to be a musing of Alan's about the fact that Don was listening to Charlie better than he ever listened to him or his wife. And knowing how independent Don is, for Charlie to get him to sit quietly in a chair is really an accomplishment. On a last note, please, please remember that Don is not behaving this way- it is Melinda's Donny. And please remember that Charlie is sincere when he tells Don that many of the good things he knows how to do- including how to be brave- are because Don taught him how to do them. By including these little statements, I had hoped that my description of Charlie's ability to take care of Don was a testament to both brothers, not a monument set up just for Charlie. If I am not making that clear, I do apologize.
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While Don and Charlie discussed their problems, Larry returned to the binder he had been reading and Alan set up lunch for his sons. Alan was putting utensils on the table when his cell phone rang.
"Hello?" Alan laid down a sippy cup filled with juice while he balanced the phone under his chin.
"Alan, it's Harvey Johnson. We need to talk."
"We were just about to sit down to lunch- can I call you back?" Alan went into the kitchen and returned carrying two plates of food; he positioned them adjacent to each other on the table.
"No, Alan- we have to talk now."
Hearing the serious tone in his lawyer's voice, Alan left the table and went into the living room to sit at the edge of the couch. "Sure, Harvey. If it's about my application for a restraining order, all I can tell you is that I was told that they needed time to review it and to return tomorrow." He began to fiddle with the corner of the couch cushion.
"No, Alan. It's more important than that. Thompson's lawyer finally filed papers contesting your petition for permanent conservatorship."
Alan pulled his fingers from the cushion and set them across his knee, tensely kneading the material of his jeans. "And what asinine reason did she give for contesting it?"
"She didn't give one; that is, an asinine reason. Thompson actually gives two good reasons for contesting, and I guarantee they're going to be very problematic."
"What could she possibly have said? That Charlie and I beat Don? He didn't have a mentally or physically incapacitating condition before he met her, and he certainly doesn't have any marks on him now, so how could she claim that?"
"To be honest Alan, I've been dealing with conservatorships and guardianships for a long time now. If she was claiming physical abuse, it would actually be better. At the worst, the court would remove Don from your care and investigate. Since you obviously do not mistreat him, he would then be returned to you. Hell, with how backed up the system is, they probably wouldn't even remove him- they'd just ask some questions, check him over, and that would be that. You really don't want to know how many truly abused adults slip through the cracks."
"Then what is she complaining about?" Alan demanded.
"Was a colleague of your son's- a Special Agent Megan Reeves- present when he signed himself into the institute?"
"Yes, she was. As a matter of fact, we briefly talked on the phone while she was helping him get admitted. What does that have to do with anything?"
"Well, it is all in the semantics, really. You say Reeves was helping, the night nurse says Reeves was writing, as in signing Don's name on the admittance papers. Fairfield, Thompson's lawyer, submitted a sworn statement from this nurse in which she states she witnessed Reeves do this."
"From what I overhead on my end of the line, Don was confused about what was going on and I know there was a time limit in getting him to sign the papers- there was only one room available and someone else was going to get it if Don didn't sign in first; so, Megan might have helped him a little more than she should have."
"Alan, her kind of help is illegal- you can't sign a person into an institute like that against their will. Involuntary institutionalization requires a hearing first."
"But I'm sure Megan has all sorts of degrees in psychology- she could say she diagnosed that he was a threat to himself."
"Alan, there isn't any documentation of his mental condition before he was admitted- so, no, she can't lie about that now. As far as the court will be concerned, Agent Reeves signed a perfectly healthy man into a mental institute without his permission."
Angry, Alan leaned forward, tightly gripping the phone, "I don't know what happened that night, but whatever Megan did was to help Don. Megan would never do anything to hurt him. She has been a good friend to him, and like a daughter to me- I refuse to sit here and listen to you talk about her as if her help in getting him admitted to that institute was some devious plot of hers to ruin my son."
"That's nice, Alan, that you defend this colleagueof his so well. I hope she's worth it, because she is going to cost you the position as Don's conservator."
Alan slowly lowered himself against the back of the couch, his anger replaced by fear.
"What are you talking about?"
"The night nurse also swore that you were on the phone when Reeves was signing Don's admittance papers."
"I've already said that I was. So what of it?" Alan wished the man would get to the point.
"Fairfield's contention is that you were aware of what Reeves was doing, and that she was acting on your behalf. It's an obvious assumption since you were on the phone with her when she signed Don's name. I'm sorry Alan, but this action is a violation of Don's civil rights, and I doubt that the judge is going to give it a pass- not when you will be the one making Don's medical decisions. He will not want to risk you deciding to institutionalize Don on your own again; he will be concerned that you will do so without first seeking permission from the probate court, which would still be required even if you were his conservator."
Alan moved his hand to his stomach, trying to still the acid bubbling inside. Talking around the fresh tick at the corner of his mouth, he fearfully asked, "Is there any way to prove I had nothing to do with Don getting admitted?"
"Yes, Alan. We can ask that charges be filed against Reeves and deny that you had any knowledge of her actions. If we don't, then I highly doubt the judge will believe you had nothing to do with the situation; why else would you refuse to go after her?"
In a pleading voice, Alan asked, "Can't we argue that the night nurse was lying? I don't want Megan to get into trouble for getting Don help- if it wasn't for her, he probably would have ended up in a state hospital instead of getting the quality help that he has."
"I really didn't think you would choose to go against your son's friend, Alan, but I would have been remiss in my duties if I hadn't mentioned it. As for fighting the statement of the night nurse- if we did that, we could be taking a simple hearing and complicating it into a matter for civil court, with both of our sides arguing in front of a jury. And if we bring too much attention to the whole situation, you and Reeves might end up in criminal court. No, I think there is a simpler route that we can take. We'll just amend the petition on Monday, and add Charlie's name to it. Then, the judge can give conservatorship to him. Since you and your son live together, I thought this route would be the most appealing to you."
"Yes, it is." Alan agreed, though it bothered him that the legal system (the establishment,the hippy in him cried) would believe he could not be trusted to care for his own son. "Charlie has been making a lot of the decisions concerning Don's medical conditions anyway, so it makes more sense to add his name than to punish Megan for being a good friend."
"Now, we have one other issue to discuss- the second reason Thompson gives for contesting the petition."
Oh, no, Alan thought, here we go again.
Harvey continued, "Thompson states that she gave a list of institutes to Reeves when it was indicated that Don would be going to a hospital. In our words, it would be when the Bureau arrived at her house and took him from her at gun point. In any case, Thompson's contention is this: since Don was ultimately admitted to an institute on her list, and because Reeves was in communication with you throughout the process of determining where to place him and during his actual admittance, then it is clear that you took Thompson's advice as concerned Don's physical and mental care. The papers go on to explain that her advice should have also been sought when you filed the first papers of conservatorship; this you did not do, and have not done for the permanent ones, despite the fact that she is clearly a person of interest as pertains Don's well-being, and solely because you were aware that she would contest the petition."
"Is she suggesting that I should have sent a notification to her in jail?" Alan tore his nails into the couch. "Why the hell am I even asking that question? She kidnapped and tortured Don, and now she says I took her advice on how to help him?And that I should continue to ask her for it? Is the woman mad?"
"Whatever the woman is, she has a very good lawyer. As far as the court is concerned, all charges were dropped against Thompson. They can not treat her as if she were found guilty, and have to take her protests seriously."
Sighing, Alan closed his eyes. "Fine, okay. Does it affect our chances of getting the conservatorship?"
"It may affect it, yes."
Alan sat upright, his eyes opened once again but narrowed. "How?"
"I may be wrong, but if I'm reading these papers correctly, Thompson seems to be suggesting that she had been providing medical and physical care to Don before he was taken from her home, which would indicate that Don chose her as his physician before the courts decided he was incapable of making that decision. If the court were to believe her claim, they might require a diagnosis as to Don's condition from her instead of Wang, one they would require before making a decision on whether or not to issue permanent papers at all."
Alan had to lean back and close his eyes again. He was having a hard time grasping all the legal curveballs that Thompson's lawyer was throwing their way, and was having an even harder time understanding why the hell that woman gets a say in what happens to my son- not hers, mine. "So, she's trying to prevent us from getting the papers in order to keep us from controlling Don's therapy- is that it?"
"I can't be positive, but yes, I think so. And keep this in mind- she can gain control of Don even if the court does issue the conservatorship papers to Charlie. If Thompson were established as Don's doctor, then the court would still expect her to be the one guiding his therapy."
"But I thought the papers would allow Charlie to make Don's medical decisions?"
"Yes, but in this case, that would mean working with the physician Don chose, and had a legal right to do so, before he was recognized as being incapacitated. And according to Thompson's description of her relationship with Don, I believe that she is claiming that she was that doctor."
"But, but... that would mean..."
"I know the implications, too, Alan. She could take advantage of that position in a lot of ways: think of all the time she could spend alone with him, giving him private therapy sessions that you might not have access to- the woman could say and do to him whatever she wanted, as long as she was careful not to leave a bruise. Or think about how she could suggest cutting down on some of his rehabilitation, which would hinder him from getting out from under her control. The worse case scenario would be if she told the court that Don had to be institutionalized permanently, and at a place to which she had access. He would be in the same situation he was in just a few weeks ago- locked up in a place separated from his friends and family, being mentally tortured by Thompson- and all of it approved by the court."
The muscles on Alan's face began to flex uncontrollably. "I,uh, no, we- they, uh- no, they wouldn't believe her, would they? How could they listen to anything that, that"-bitch- "madwoman could have to say?"
"We have no evidence indicating that Thompson is anything but sane, Alan, so her appearance in court will be as a concerned physician, not as an obsessed nutcase who wants to steal back your son. If we want to win, we need to fight on her terms. On Monday, we need to make sure that it is clear that Don's doctor is Wang, not Thompson. And the best way to do that would be to have Don state in court, under oath, that she isn't, because the court will not believe Thompson is Don's doctor if he is adamant that she isn't."
"That shouldn't be a problem. Don hasn't said anything about Thompson being his doctor- he has always referred to her as his mommy."
"Actually, Alan, I do believe you mentioned that Thompson made a visit to your house two nights ago. The risk she took in seeing Don may have been for more important reasons than her personal need to see him."
Alan tried to smooth the left side of his face, pressing his palm flat against it. "Megan warned us there was a good probability that Thompson made threats against me and Charlie- we thought the reason was to get Don to keep behaving like a child. You're suggesting she made those threats in order to get him to testify that she's his doctor in court, and to warn him against calling her mommy when we're there?"
"Yes, I am suggesting that very thing." Johnson paused to emphasize his next words. "Alan, it is imperative that you practice with Don- make him say it over and over again that Wang is his doctor and Thompson isn't. Reassure him that Thompson can't do anything to you or Charlie. Otherwise, Charlie may be issued papers of conservatorship on Monday, but Thompson will be the one with the real control."
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It didn't take long for Colby to find the farm again. He had every turn memorized. When he approached the house, he was not surprised to see Caleb standing on the porch, a pitcher of tea on the small table beside her.
"I didn't think you'd really wait before coming back with a subpoena," she said, opening her front door as invitation to enter. She carried the tea and a glass in with her, following Colby to her kitchen. "You needed a big envelope like that to carry a couple pieces of paper?"
Colby noticed that Caleb was acting more at ease with him, as if making her confession to him and not receiving judgment had formed an amiable bond of trust between them. He momentarily felt guilty for what he was about to do, but stayed true to his goal; he placed the yellow envelope on her table, unclasped its hinges and pulled out a large bundle of paper. He dropped it down in front of Caleb, who was now sitting across from him, the thud as it hit the table making her start a little in her seat.
"No, Caleb, I'm not here with a subpoena. During this visit, I'm hear to tell you a story; specifically, the story of my friend, Don Eppes. If you would be so kind as to read the papers before you, I am sure you will find his as interesting as the ones you told me yesterday." Colby got up from the table, filled a glass with tea, and left her alone.
The sun had sunk to the horizon when Caleb joined Colby on the front porch at last. She had brought nothing from her kitchen to offer him; he hoped she had something from her conscience and her heart.
Caleb sat in the rocking chair, but held it still with the combined weight of her body and the heaviness of her guilt. "I had no idea, I swear I didn't."
"I should have told you yesterday," Colby apologized, "but it seemed like your burden was already so heavy. You're right about this place, Caleb. It is sad. I felt it yesterday, and I feel it again today. What happened here thirty-five years ago has kept you captive, holding you here with its sorrow and guilt, preventing you from seeing the changes that have occurred through all those years- in the world around you, and in the people you once knew."
"I know you are referring to Melinda. I guess I should call her Dr. Thompson now. Obviously, she is no longer the innocent young girl I once knew."
"So, why protect her by refusing to testify? You may have owed a debt to Melinda at some point, one that I think you have paid in full by banishing yourself to this prison." Colby swept his arm across the farm and the valley. "But you owe nothing-absolutely nothing- to Dr. Thompson. She deserves nobody's loyalty, least of all yours."
"I think I know that Colby. But as to what happened to your friend, my actions are more to blame than hers. If anyone should be punished, it is me."
Colby could tell by the direction Caleb's train of thought was taking her that she was still focused on her past actions and could not keep her attention on what was happening in the here and now. For the first time since meeting her, Colby hardened his resolve and his heart against the pitiful woman beside him. That morning, he had taken Megan's advice and reread Don's evaluations. The site of the scars on his legs and the description of the bruising on his face and back had been enough to steel him against the empathy he had felt for Caleb the day before. His eyes on the valley below him, unable to look at the effect his words were going to have on her, and with purposeful sarcasm drenching each word, Colby recited, "So many sins in the world, and only one little woman to carry the burden of them all."
Caleb stared at Colby in shock, her eyes widening as she replied with shame in her voice, "I didn't mean it like that."
Colby had to close his eyes and concentrate on Don, his friend, trying to fend off the desire to feel sorry for Caleb. When he was fortified once again, Colby opened his eyes; he turned to her and said accusingly, "Yes you did. Everything that you have said to me from the first time I met you until now has been a repetition of the same old theme: I'm so horrible, everything I do is wrong, it's all my fault. At first, I thought it was a way of punishing yourself by taking responsibility for what everyone else had done. But now, I think it's your way of punishing others, by keeping away the people who need you- like, Don, and your old boyfriend, Alfie."
"No, no," Caleb said, her hand loosely covering her mouth, "I would never want to harm someone else."
"That's what you said about Melinda's baby, and yet you did, now didn't you?" Colby struck Caleb at the core, a cruel but effective blow, one for which the agent knew he would be paying penance for a long time.
Caleb shakily stood up from the rocker, gripping its arms in a death hold for support. "I didn't mean, I really didn't want to...I thought you knew- that you understood." Tears fell from her eyes as she tried to walk into the house, but her legs were unstable from her distress.
Realizing he had pushed too hard, Colby took Caleb's arm in his and walked her inside, finding a cushioned chair in a darkened room off the main entrance and helping the unsteady woman sit down. He went into the kitchen and brought her some tea, crouched down before her and holding the glass as she drank.
"I'm sorry, Caleb. That last remark was crude." Colby stood up and went to the doorway, flicking on the light as he realized the sun had almost set, the house becoming engulfed in the night.
Caleb took a deep breath and stared across the room, her eyes seeking the cover of darkness in the entryway, just beyond the light emanating from the fixture above her. "No, I think I deserved that- and even more. Not only did I cause Melinda to lose her baby, but my actions have caused harm to be done to Maggie and Alan's little boy, too."
Colby sighed. He sat down on a worn loveseat to the left of Caleb, and wrung his hands in front of him. "Caleb, you're doing it again. You have to get rid of this mindset that you are the sole person responsible for everything that happens to and around you. I really shouldn't have been so crass just now, but I'm desperate. I'm sorry for what happened to Melinda- and to you, and Alfie, and Randy, and the baby. But that happened over thirty-five years ago, and you are right, Don is being hurt- only that harm is occurring right now. I need you to stop thinking about the past, and start focusing on the future; otherwise, Don is not going to have one if you refuse to speak out about Melinda."
"A part of me knows that you are right, Colby. Maybe I needed someone to say these things to me a long time ago. All these years, I've trusted that Randy and Alfie took care of Melinda's obsession about her baby; I would never have imagined that anyone, especially not the woman I knew, could have done..." She fell silent, a new image of a baby's damaged spirit flirting at the corners of her mind. Only, this one was alive and had curly black hair and the most ingratiating smile. "I have been hiding in the past. In a sense, it has become so familiar to me that trying to break free from it is like running away from home."
Reaching across to Caleb and holding her hand, Colby found he could no longer fight the sympathy that welled in his soul. "My boss is sending a subpoena as we speak- a demand from the USDA that you provide a statement. But from the small amount of time we've spent together, I believe that you were being truthful when you said that it would do no good, and that you would not give her a sworn statement as to the events that occurred here." Speaking low in his throat, Colby implored, "Please, Caleb, please- if you come with me and make the statement on your own, I know you'll have paid any debt that is owed to Don and his family. And to Melinda, too; it is clear that she never received the treatment she needed to get over the death of her baby, and your testimony may force her to finally get it."
Caleb stopped staring ahead of her. Her eyes flitted to Colby, a sudden spark in them. "Can they put her in a mental institution instead of jail, even if she's convicted?"
"If her lawyer is good enough, then yes, that is a possibility." Colby pulled away from her, wondering if it had been a mistake to bring it up.
It was.
Leaning forward, her eyes gleaming, Caleb asked, "But is it more than possible? If I tell the truth about everything that has happened, will the DA promise to put Melinda in a mental facility instead of prison?"
"Well," Colby hedged, "I don't know about that. I think we're getting away from what's important; we need to keep Don and his well-being in mind. Remember, you owe him a far greater debt than Melinda."
"But your friend is young and healthy- I read his evaluations, and his doctors say he will heal. Melinda deserves that chance to heal, too." Caleb crossed her arms. "I know you can't give me a guarantee, but if your boss promises to at least try to get Melinda placed in a facility instead of prison, then I promise that I will tell her everything I know."
Shrewdly, Colby asked, "Does that include the location of the baby's grave and Alfie's real name?"
A small gasp came from Caleb's lips; Colby gave a wry smile in response. Readjusting her arms and ignoring Colby's second request, Caleb lowered her brows and quietly replied, "Yes, including the location of the baby's grave."
Settling for the grave, and certain they could find Alfie through the tax records, Colby held out his hand. Tentatively, Caleb shook it, saying as she did so, "By the way, I'll want that promise in writing."
