Zach paused in the doorway to the courtroom, slipping his hands in his pockets as he surveyed the assembled players. To his right sat his mother-in-law, Erica Kane Montgomery and her husband Jackson Montgomery and an unknown woman at a table in the front of the room. Behind them sat Jackson's children Reggie and Lily and his daughter Greenlee and her husband Ryan Lavery; to his left, at the opposing table, sat Bianca Montgomery with Livia Frye and behind her sat Myrtle Fargate. Zach smiled to himself as he noticed several of Kendall's current or former caregivers from the hospital seated around Myrtle… Bianca had told him that they had volunteered to testify for her at the hearing.
Even when Bianca had agreed to his suggestion of petitioning the court for the right to direct Kendall's medical treatment… he had still felt uncertain that she would actually follow through and resist her mother. It had taken an invitation to tea at Myrtle's boardinghouse to convince him… when he was met by a very determined Bianca accompanied by Livia and backed by Myrtle. At the end of the meeting, he was convinced that they could prevail and he had done his part in making the arrangements for Kendall to be seen by Dr. Geoffrey. It was also at that meeting that he found out Kendall had regained her ability to speak coherently and that she had been asking for him… but he had been steadfast in his insistence that he remove himself from her life.
Although everything had happened in a matter of days, they had been eventful. When Bianca's petition was filed, Erica was not surprisingly quite upset. She had immediately threatened to have Bianca banned from her sister's side… but after already having done that to Zach, her husband convinced her that it might not bode well in court. She had grudgingly agreed to Bianca's continued presence, but she had also contrived to make sure that she was never alone with Kendall for long enough to be seen as her primary caregiver. Myrtle had visited Erica on Bianca's behalf, certain that she could convince her to bend but instead had only increased Erica's sense of being undermined. Consequently, neither Bianca nor Myrtle had been able to explain to Kendall what had happened… and Zach had to re-arrange Dr. Geoffrey's visit.
Zach frowned slightly as he realized that Ryan Lavery had not only taken notice of him, but was making his way to the back of the courtroom. He knew that it would not be a pleasant conversation, but he wasn't entirely surprised that the man did not have the restraint to remain in his seat.
"Slater! What part of you're not welcome don't you understand?" Ryan asked.
"Lavery," Zach replied quietly.
"You know… I don't get you, Slater. Even though you know that no one wants you here, you still show up to cause trouble. Your wife is divorcing you… she hated you when you got married… and she obviously hated you more when she decided to end the marriage. Go away… she doesn't want you here… and neither do we," Ryan kept talking angrily.
Zach shook his head and turned away, stepping to his left with the intention of greeting Myrtle and Bianca before the hearing began. Ryan stepped to his right, effectively blocking Zach's forward motion, and held up his hand, "Whoa. Stop right there. You're not going anywhere near Bianca!"
"Isn't that up to Bianca?" Zach said quietly.
"No way. You have messed with my family for long enough. I've got a better idea, Slater. Why don't you turn around and walk out of this courtroom… in fact why don't you just go back to Vegas. You're not wanted here," Ryan said, his voice rising.
"I can't," Zach said quietly as he pulled a folded document from his suit jacket. "Subpoena."
"Subpoena? I don't think so. Who would want you to testify on their behalf?" Ryan asked sarcastically. A moment later his eyes grew wide, "So that's it! You're the reason that Bianca is fighting Erica. Leave it to you, Slater, to turn daughter against mother! You won't be satisfied until you destroy the whole family, will you?"
"That's what I'm here for," Zach said with a smile. "Now, if you'll excuse me."
Ryan stood in place for moment longer before stepping aside and holding out his arm. Zach moved past him toward Myrtle and Bianca without another glance, but Ryan stood and watched for a few seconds before seating himself next to his wife and engaging her in a whispered conversation.
Bianca looked up with a smile, "Zach! Was Ryan giving you a hard time?"
Zach shook his head, "Nothing I can't handle. How is she?"
"Confused, dear boy," Myrtle answered, placing a hand on his arm. "Sit here next to me. As soon as we get this all straightened out, we'll get you over to the hospital to see her. She'll be so glad to see you!"
Zach seated himself and took her hand in his before replying, "No, Myrtle. It's best if I keep my distance."
"We'll discuss that later. Right now we need to concentrate on helping Bianca," Myrtle replied tartly. "Are you ready?"
Zach nodded his head and leaned forward placing a hand on Livia's shoulder, "What was the final decision?"
"I couldn't get in to see Kendall myself, but Dr. Donelson agrees that she does not need a guardian now that she can communicate," Livia replied. "We've modified the petition and the doctor has agreed to testify on our behalf along with a psychiatrist that she recommended."
"Good," Zach said quietly.
He turned to Bianca who looked at him with a cautious smile, "I still can't believe we're doing this… that I'm sitting on this side of the courtroom with you and Myrtle while my mother and Uncle Jack and the rest of my family is over there."
With his other hand he squeezed her shoulder before leaning back in his seat. Just as he glanced at his watch, the judge entered the courtroom and the bailiff announced, "All rise."
Once the judge had seated herself, she addressed the attorneys, "I've read through the petitions and I am prepared to hear testimony as to the guardianship of Kendall Hart Slater. I understand that her husband is not seeking guardianship, but has not reinstated his petition for divorce. Counselors?"
"Vera Childs, representing Erica Kane Montgomery, your honor," said the woman who rose from the table where Erica and Jackson were seated.
"Livia Frye, representing Bianca Montgomery… and Zachary Slater, your honor," Livia replied upon rising. Zach and Bianca both gave Livia a sharp look, but she shook her head briefly.
"I don't have a copy of Mr. Slater's petition, counselor," the judge replied.
"Mr. Slater is not petitioning for guardianship of his wife, however, he is an interested party," Livia replied.
"And I'm not interested in games, counselor," the judge replied in irritation.
Livia paused a moment and smiled, "Mr. Slater is my client and his testimony will speak for itself your honor. He is, however, supporting Miss Montgomery's petition."
"Very well. I'd like to keep this hearing as informal as possible. I will hear testimony and then render my decision. Ms. Childs, you may call your first witness."
The attorney nodded and requested that Erica be seated on the witness stand. After the preliminaries the attorney asked her some basic questions that were designed to assure the judge that the petition for guardianship was legitimate and appropriate. Once those questions were out of the way, the attorney's next set of questions were designed to persuade the judge to rule on Erica's behalf.
"Why do you believe that you should be granted guardianship over your adult daughter, Mrs. Montgomery?" the attorney asked.
"My daughter Kendall has been devastated both physically and emotionally from the trauma of a severe automobile accident. In addition to losing mobility, she has been unable to communicate since she woke from a coma. However, I am able to communicate with her and understand both her needs and desires. We have a very special bond that we've developed through this ordeal… and she has come to be completely dependant on me. Since her… since Zach Slater made such a point of controlling the medical decisions until his deception was revealed… well… she needs to be protected from predators like him. As her guardian I can protect her physical and mental health as well as direct her finances," Erica said. She made a great show of emotion, dabbing at her eyes with a handkerchief and sighing deeply when she paused for effect.
Before Ms. Childs could continue, though, Livia rose, "I object to Mrs. Montgomery's characterization of my client, your honor. As Kendall Slater's legal husband he had the right to direct her medical care and treatment."
"Ms. Childs, Ms. Frye… I asked that this be an informal hearing. I am capable of discerning the difference between facts and theatrics. Please limit your objections… I would like to hear from all parties without interruption," the judge stated sternly. "However, I will not permit anyone to malign the character of another without evidence… this is my courtroom and decorum will be enforced. You may continue, Mrs. Montgomery, but without the editorializing."
"Yes, your honor," Erica said, lowering her eyes demurely. "My daughter Kendall has responded well to my presence… she is cooperative for me when I ask her to eat or sleep or take her medicine. I spend many hours each day with her, and we have long conversations. Of course, I have to do all the talking… but she communicates in other ways that let me know that she understands me. I have already arranged to have handicapped facilities installed in our home and Kendall will have her own suite and a private nurse to care for her needs. She will want for nothing despite the fact that she is an invalid… and she will be surrounded by a family that loves her."
"Thank you, Mrs. Montgomery. I have nothing further," Vera Childs stated.
Erica moved as if to leave the seat when Livia stood, "Mrs. Montgomery. I have some questions."
Erica looked at Livia and relaxed in her seat, "Of course."
"Mrs. Montgomery… Erica… you stated that your daughter is completely unable to communicate. Is it your testimony that you are unaware of the progress your daughter has made in regaining the power of speech?"
"Well… she has been able to say a few words… but it is certainly not sufficient to direct her medical care. Besides, the doctors have indicated that she suffered brain damage from the trauma. She doesn't have the capacity to understand the gravity of her condition… she is just a dependent child now," Erica answered.
Bianca's face registered anger as she began to rise from her seat with her mouth opened to retort, but Zach placed a firm hand on her shoulder and leaned forward to whisper in her ear, "Calm and reasonable, Bianca." Bianca turned slightly toward Zach and nodded as they both leaned back in their chairs and Zach removed his hand from her shoulder.
Livia glanced sharply at Bianca before calmly asking her next questions, "How has Kendall been responding to her therapy? And how often does she receive her treatments?"
"Kendall was being pushed very hard by the therapists… and there were so many of them. Physical therapists, occupational therapists, speech therapists, hand specialists… the list goes on and on. She was lashing out, throwing her food, refusing to cooperate. I had to discontinue her therapy for a while so that she could concentrate on recovering from her surgery… and to come to terms with her limited abilities. She has been much happier without the constant pressure," Erica answered. "That's the problem with my daughter Bianca's petition. She means well… she loves her sister… but she is misguided and refuses to accept that her sister will never be the same as before the accident."
"Thank you. I have nothing further," Livia replied as she seated herself at the table and made several notes on a legal pad in front of her.
"Your honor, I'd like to make one more statement," Erica said as she turned to the judge. At the judge's nod, she continued, "I love both of my daughters and I am truly devastated that my daughter Bianca and I are sitting on opposing sides of this courtroom. She has been unduly influenced by the man my daughter Kendall is divorcing. Once he is removed from her life, my daughter Bianca and I will be able to overcome our differences and help my daughter Kendall adjust to her new life. She is confused, but she loves her sister. Once Zach Slater is gone, I'm sure that we will once again be a family. Please, your honor… make a ruling to dissolve my daughter Kendall's marriage to that man… and allow us all to heal together."
As Erica resumed her seat at the table, Bianca and Myrtle exchanged angry looks. Although both of them loved Erica, her outrageous statements were more than either could bear. Zach meanwhile sat in his chair with his face a mask of impassivity. He said nothing and his demeanor did not indicate anything about how he was feeling, until Bianca looked at his eyes and recognized the very significant pain in them.
Livia leaned toward Bianca and whispered quietly, "Erica showed her hand a little too well… there is no doubt about her animosity towards Zach and that it is coloring her behavior. Just sit tight and let the experts make our case for us. Despite what she said… this is going exactly as I had hoped it would."
Bianca nodded her head, "Thank you, Livia. As much as I don't want to argue with mom… I can't stand to hear her talk about Kendall as if she will never recover."
The next witness for Erica's petition was Jackson Montgomery, followed by Greenlee Lavery and then her husband Ryan. Each of them testified that Zach had been a destructive influence on Kendall. In different terms, each of them either implied or said straight out that Zach was the cause of Kendall's outbursts and that he had kept family members from visiting her. Zach's only reaction was a tightening of his lips and a clenched fist. Myrtle's and Bianca's reactions were much more obvious in the expressions on their faces and their barely contained retorts at the most outrageous of their statements.
During Ryan's testimony, they finally discovered how Erica and the others had found out about the divorce petition. Under questioning, Ryan admitted that he had visited the physician's lounge while Zach was with Kendall and "found" the paperwork that Edie had brought him. He took that information to Jackson Montgomery who had uncovered the original divorce petition… and surmised by the dates on the documents and the dates they were filed that Zach had withdrawn his petition to direct Kendall's care. Based on that timeline, Jackson had called in a favor and gotten the immediate restraining order against Zach.
The final witness for Erica was a psychiatrist that had been engaged to assess Kendall's emotional stability and to make a recommendation as to her need for a guardian to direct her care and decisions. Not surprisingly, the doctor recommended in favor of Erica's petition and further recommended immediate dissolution of Kendall's marriage as it was a deterrent to her healing process.
Livia had limited her cross-examination of the witnesses until the doctor had completed his testimony. She had several questions for him, though. "Dr. Weston. How much time have you spent with Mrs. Slater?"
"I spent two hours with the patient," he replied.
"Were you alone with Mrs. Slater? Or were there others present at that time? And if so… who was there?"
"I was not alone with the patient. Her mother was present for the entire session to assist with communication," he said.
"I see. And during the two hours you spent with Mrs. Slater… what did she say to you?" Livia pressed on.
"Nothing. As Mrs. Montgomery previously indicated, the patient does not have the ability to communicate verbally… and her physical condition prohibits her from written responses of greater than a few letters at a time. I found the patient to be profoundly depressed, completely uncommunicative, and fixated on drawing a large letter 'N' on the whiteboard that is kept near her bedside. When I tried to inquire about the reason for it, she threw it across the room and averted her head," the doctor answered, warming to his subject as he spoke.
"I see. Tell me, doctor… are you sure that it was the letter 'N' that she was drawing? Couldn't it as easily have been a letter 'Z'?" Livia asked softly.
"I suppose it could have. She had the board turned at an odd angle due to the weakness in her right hand and arm and I was seated beside her. It had no relevance to her at all, though… it appeared to merely be a method for ignoring my presence," he replied impatiently.
"Do you know the name of Mrs. Slater's husband?" Livia asked.
"I believe Mrs. Montgomery referred to him as Zach," the doctor replied.
"Yet you don't place any significance on the fact that Mrs. Slater was continually drawing the first letter of her husband's name on the whiteboard? And you do not feel that she has any ability to communicate? It seems to me that she was practically screaming for you to understand that she wanted to see the husband that her mother had banned from her room," Livia said strongly.
"Objection, your honor, conjecture on the part of counsel!" Ms. Childs stood and announced.
"I'm sorry, your honor… but I would like the doctor's response to my questions," Livia responded quickly.
At the judge's nod the doctor replied, "I suppose it's possible that she was trying to tell me something about her husband. Without more time it is hard to tell what… if anything… she was trying to say."
"Thank you, doctor, I have nothing further," Livia said as she resumed her seat.
Ms. Childs redirected a question to the psychiatrist, "Is it your expert opinion that Kendall Hart is too depressed to make her own decisions?"
"As long as she is in her current condition… yes," the doctor answered before being released to return to his seat.
As the psychiatrist was the final witness for Erica's case, the judge ordered a brief recess before hearing the witnesses for Bianca's petition. Once the judge had left the bench, Zach made his way around the railing to stand beside Bianca and used his hand to gently massage the tension in her neck… she looked at him with tears brimming and he pulled her into a warm embrace, allowing her to cry quietly, as Erica observed angrily from the opposite side of the room.
Bianca pulled away after only a moment, composing herself through sheer force of will, "Thank you, Zach. I can't believe that mom is being so deliberately cruel. How can she be more interested in getting rid of you than what's best for Kendall? I don't understand anything that she's doing."
"Perhaps it's better if I leave," Zach offered.
"No you don't, Zach," Livia said quickly. "We've heard the worst… it will only get better from now on. We have Bianca's testimony and Myrtle's as well as Kendall's primary physicians, two of her nurses and several therapists. We also have the expert opinion of a psychiatrist… one that she actually spoke to. But your testimony is vital, Zach… we have to make sure that the judge sees there is no vendetta or animosity on your part. It is up to you to convince the judge that you acted out of love and not revenge. Because if the judge believes that you have unduly influenced Bianca in some sort of revenge plot against Erica… none of the experts will be of any use at all."
"I see," Zach answered quietly. He looked at her thoughtfully for a few seconds and then said, "Excuse me." Livia and Bianca stood quietly and watched as Zach walked out of the courtroom without any indication of where he was going or why.