Loretta started to respond, but Lorne cut her off. “These birds have to learn they can’t play fast and loose with the law. Our system may be tough, but it’s fair and it works. I … sorry, I mean … we—make sure these guys pay, and their wives and children are the winners. Trust me, this will work.”
“I don’t think you understand how difficult this divorce has been on both of us,” Loretta said. “It’s been absolute hell.”
“I do understand. Listen, experts agree divorce is one of the most stressful events in life. I’ve been through it myself. But know this; I’ve paid every cent I owed for my kids. A man has no excuse for not paying and should do whatever it takes.”
“I’m also concerned about Garth’s reaction to this court case today,” Loretta said. “He’s under a great deal of pressure lately and—”
“Please don’t worry. I guarantee your ex-husband will be too afraid to even consider doing anything foolish.”
Loretta shook Lorne’s hand. “Thank you. I’m only asking you to be fair with Garth. I appreciate you taking the time to see me.”
Lorne opened the door for her. “My pleasure, ma’am.” In the corridor, he took out a business card, wrote on the back and handed it to her. “If you have any questions, Loretta, please don’t hesitate to call me anytime, either at the office or at home.”
“Thanks so much, Mr. Davis.”
“Lorne, please call me Lorne.”
“Lorne,” she said. Loretta smiled at him, turned and walked away. Lorne watched her all the way to the elevator. Great legs, he thought.
Then, he noticed a man coming down the hallway from the opposite direction. The man was in an obvious hurry to catch the elevator, but the doors closed and the elevator was gone when he arrived. He stood with his head down for a few seconds before approaching Lorne.
“Excuse me, but I saw you talkin’ to my ex-wife Loretta. Are you her lawyer?” Lorne concluded this guy must be Garth Hodgson. All deadbeats are alike. This guy is no different.
“I am ‘a’ lawyer. I work for the Department of Justice and will be conducting the default hearing against you today—Mr. Hodgson. Are you represented by council?”
“Yes, sir, I’ve got a legal aid lawyer, Tim Murphy. He should be here soon.”
“Have Mr. Murphy speak to me before court,” Lorne said. “We have some issues which require clarification.”
Garth said he would and walked away. He seemed nice enough, but Lorne didn’t trust him. Anyone facing incarceration would say anything to avoid it. Lorne knew how to handle fathers in arrears. He had no sympathy for deadbeats.
Lorne checked the case schedule on the wall outside Courtroom Two. SOE v. Hodgson was scheduled for eleven a.m. in front of Judge Helen Currey. Lorne was relieved it was Currey. She’s fair but can be tough when she needs to be. She usually follows my recommendations on defaulters.
Inside, Lorne sat down at the prosecutor’s table. Opening his brief case, he found his breath spray. Loretta may be here. He laughed to himself. Lorne fancied eye-catching women like Loretta Hodgson. He had to have them. It made him feel powerful. Power and control were drugs to Lorne. They fed his ego.
Lorne refocused on the task at hand. He was prepared and pumped. He could hardly wait for court to start. The stage was set.
This was his show.
CHAPTER FOUR
SOE v. Hodgson
Judge Helen Currey was speeding. She was late for court. She noticed a traffic cop stepping off the curb and signaling her to pull over. She stopped and rolled down her window as the officer walked up to her car.
“Good morning, ma’am. Do you know how fast you were going?”
“No, Officer, I’m running a bit late this morning and—”
The officer didn’t let her finish. He’d heard every excuse. He told her she was driving almost twenty miles per hour over the speed limit. “These new hand-held radar guns are very accurate, ma’am.” He was attempting to head off any further argument. “The radar beam has the diameter of a pencil at five hundred yards. I can pick out any vehicle within range and record its exact speed. Look, your speed is right here.”
The officer showed her the back of the radar set. Helen saw a flashing red number forty-eight. She handed the officer her driver’s license and vehicle registration. Vehicles drove by slowly, the curious occupants peering at her. Wish he’d hurry up and write the damn ticket, she thought.
As the officer handed her the ticket, he explained her options to avoid a court appearance. Helen listened politely. She was well aware of the voluntary payment system. It saved a lot of court time. She would pay the ticket right away. Some of her fellow judges expected leniency from the cops and were upset if they didn’t receive it. Judge Helen Currey was different. She was pro-police and appreciated the fact this young officer was doing his duty. I will mention him to the Police Chief. George Arden likes to know his cops are doing their job.
Later, in her chambers Judge Currey was studying the Hodgson default motion. She was sitting at an oversized oak desk that once belonged to her father Judge Anthony Currey. He nearly burst with pride the first day his daughter sat on the bench. He had the desk delivered to her that very day. Inside the top drawer, Helen found a congratulatory note from her dad that included a quote from Clarence Darrow: “The trouble with law is lawyers.” Helen loved and respected her father and always heeded the warning.
She finished reading the SOE brief on the Hodgson trial. The SOE really wants this guy Hodgson. I’d better watch Lorne Davis on this one. He wants everyone to hang.
After a gentle knock on the door, the court clerk Joyce Barnett stuck her head in. “Court in five minutes, Your Honor. Both parties are present.”
“Thanks,” Judge Currey said. “Lorne Davis for the SOE?”
“Yes, ma’am.”
“Give me two minutes, Joyce.”
Back in the courtroom, Joyce noticed Lorne Davis standing at the respondents’ table talking to Tim Murphy. She assumed the other man at the table was Mr. Hodgson.
Joyce took her seat at the desk in front of the Judge’s bench. Lorne Davis advised her both parties were ready to proceed. Joyce thanked him in her usual detached manner, then looked away and continued to prepare her files. She wasn’t fond of Lorne Davis. She didn’t think he was fair. Oh, he followed the rule of law all right, but he twisted the facts to make witnesses look and feel guilty—even when they weren’t. He questioned them relentlessly, making them nervous and unsure of their answers. This invariably caused them to misspeak, allowing Lorne to trap them in inadvertent falsehoods. Joyce was certain innocent people had suffered as a result. She thought Lorne was an egomaniac, misusing his position and power. She hoped one day he would get his.
Judge Currey signaled she was ready to enter the courtroom. Joyce stood and said, “Order. All rise.” The Judge entered and sat behind the bench.
While Joyce announced court was now in session, Judge Currey carefully studied the respondent and his lawyer. She was familiar with Tim Murphy and his reputation. Murphy’s a drunk, but he seems capable enough. He does a half-decent job for his clients, but he’s no match for Davis.
Lorne Davis outlined the SOE case against Garth Hodgson. He portrayed Garth as unemployed by choice and fully capable of making an excellent living in the construction industry.
“Your Honor,” Lorne said, “Three years ago, Mr. Hodgson and his wife Loretta were divorced. This court ordered Mr. Hodgson to pay nine hundred dollars a month for the support of his two children Rebecca and Marcia. At that time, they were twelve and ten years of age. His daughters are currently attending school and require Mr. Hodgson’s support payments for the necessities of life. Mr. Hodgson sees his children erratically, which has caused both girls undue stress. He has also routinely confronted and harassed his ex-wife regarding access and support. I wish to read into the record the following
excerpt from an affidavit provided by our client Loretta Hodgson: ‘Garth told me he was having trouble finding work and couldn’t pay the full amount of monthly support the court had ordered. He had expenses over and above the basic food, clothing and shelter. His car was not running and required extensive repairs. He needed his car to look for work. This lack of reliable transportation also made it difficult for him to get over to see the girls on some weekends.’ Your Honor, I have provided my learned friend with a copy of both the SOE’s statement of arrears on Mr. Hodgson and Mrs. Hodgson’s affidavit.”
“Thank you, Mr. Davis,” Judge Currey said. “Mr. Murphy?”
Tim Murphy had the ruddy complexion of a drinker. He was an average size man with unkempt hair and a gray suit that was long out of style. He informed the judge that Mr. Hodgson would be taking the stand. As he was being sworn in, Garth thought it was strange his lawyer had not prepped him for this.
Tim Murphy asked Garth to tell the court why he was in arrears on his child support payments. Garth explained he had been working as a heavy equipment operator on a long-term contractual basis with a busy construction company. He was working long hours and making lots of money. His monthly child support payments were based on this income when he and Loretta divorced. Several months later, he became aware of some dangerous procedures at their job sites. Garth suspected it was only a matter of time before a serious accident would occur. The site boss ignored both his complaints and his requests to talk to upper management. Garth took it upon himself to call the company’s head office to arrange a meeting with the Vice President of Operations Mr. Ron Zelnick. Garth told Zelnick he was afraid someone would be injured or even killed, if the company didn’t quit cutting corners. Zelnick said he would look into the matter and thanked Garth for bringing it to his attention. Shortly after that same meeting, Garth’s contract was cancelled. He couldn’t find work with any of the local construction companies. He had been blackballed.
“Mr. Hodgson, you said you were blackballed,” Tim said. “Please tell this court what happened to you as a result.”
“They spread the rumor I was a troublemaker and no one would hire me.”
“Thank you. Did you contact your ex-wife Mrs. Loretta Hodgson to explain the situation?”
“Yes, sir, I did. But Loretta said she needed the money and I’d better pay up ‘cause if I didn’t, she’d tell the SOE to go after me. Then, she hung up.”
“Have you actively looked for work, Mr. Hodgson?”
“Yes, sir, everyday.”
“Thank you, Mr. Hodgson. I have no further questions. Your witness, Mr. Davis.”
Judge Currey was not impressed with Tim Murphy’s efforts on behalf of his client. She made a note to discuss this with Chase Leonard, the chief over at Legal Aid.
Lorne Davis began his cross-examination of Garth. He methodically attacked Garth’s credibility and his contention he was in arrears because he was unable to find work. Lorne also cast doubts on Garth’s financial statement, especially the living expenses he had claimed.
Garth truthfully claimed they were necessary. Lorne grilled him relentlessly. He made Garth sound like he was deliberately avoiding payment in order to financially burden his ex-wife. Garth attempted to offer an explanation, but Lorne badgered him with even more questions and accusations. Several times, Garth began to answer only to have Lorne cut him off in mid-sentence and berate him for not being completely honest.
Judge Currey wondered why Tim Murphy was not objecting to they way Lorne Davis was questioning the witness. He was using every trick to agitate Hodgson, and it was working.
Garth finally exploded with anger. “Would you shut up, and let me answer?” Lorne looked at Judge Currey. She was already turning to address the witness.
“Mr. Hodgson,” she said. “Please, keep your answers confined to the questions asked and—”
Lorne interrupted the judge. “Thank you, Your Honor.”
Judge Currey glared at him. “And Mr. Davis—if you would allow me to finish, please grant the witness the opportunity to answer.” She looked over at Tim Murphy. He was busy writing.
“Mr. Murphy,” she said. “In the interests of your client, I suggest you pay closer attention to these proceedings.” Murphy rose and indicated he would.
“Please continue, Mr. Davis,” the judge said, “and keep in mind my admonition to you.”
“Now, Mr. Hodgson,” Lorne said, “I have one final question for you. Is it true that last year on, or about, the fifteenth of July you threatened your ex-wife during a telephone conversation by saying to her: ‘Loretta, if you don’t get off your fat ass and get a better job to help out, I will go on welfare. Then, you will get nothing.’ Did you say those words to your ex-wife, Mr. Hodgson?”
“She threatened me with—”
“Did you say those words, sir?”
“She made me mad and—”
“Mr. Hodgson, did you say those words, or not? Yes or no?”
Garth was upset. He stood and yelled from the witness stand. “Yes, I said those words! She made me so frickin’ mad! Threatened to move away and make sure I never saw my girls again!” It suddenly dawned on Garth he was standing in a courtroom, yelling at the top of his lungs. He was embarrassed and sat down with his head bowed. He looked defeated.
“I have no further questions, Your Honor,” Lorne said.
Judge Currey turned to Tim Murphy. “Any redirect, Mr. Murphy?”
“Yes, Your Honor. I’ll be brief.”
I’m not surprised, Judge Currey thought, not surprised in the least. “Mr. Murphy,” she said. “You may take as much time as you require.”
Tim Murphy checked his file and walked to the witness box. Garth could smell liquor and Clorets on his breath. “Mr. Hodgson, is the sworn financial statement you filed with this court an accurate reflection of your current financial condition?”
“Yes, sir. Those living expenses are what it costs me to live every month.”
“Thank you, Mr. Hodgson. And that leaves you with approximately one hundred and forty-five dollars a month for incidental expenses, sir? Is that correct?”
“Yes, sir” Garth said.
Thank you, Mr. Murphy, Lorne thought. You’re making my case for me. You really are a drunken bungler. You just got your client to admit he has extra money every month.
“And, Mr. Hodgson, do you, from time to time, incur expenses necessary to your employment such as; transportation to and from the job sites and replacement of your personal safety equipment?”
“Yes, sir. Every once in a while, I do.”
“Thank you, Mr. Hodgson.” Tim addressed the judge. “I have no further questions, Your Honor.”
Judge Currey listened to the summations, but she had already decided the outcome. She would, once again, be firm but fair. She would consider the needs of both parties and the children involved. Always the children, she thought, they’re part of this too—the most important part. The courtroom was quiet as the judge wrote out her ruling in longhand. When she finished, she addressed Garth directly.
“Mr. Hodgson, I have carefully weighed the evidence presented here today. The Justice Department has alleged that, without reasonable excuse, you defaulted on the order of Judge Steele wherein you were ordered to pay nine hundred dollars per month for the care and support of your children. Currently, Mr. Hodgson, the Office for Support Order Enforcement has stated your arrears now total over eighteen thousand dollars. You have not disputed the arrears accrual, sir, so this court must assume the amount is a true reflection of what you owe. I understand your current financial and employment situation. In determining this matter, however, I must consider the other parties, especially your children. Their well-being is paramount in any decision made by this court.
“Therefore, I am going to order you pay towards said arrears a lump sum payment of three thousand dollars within thirty days from this
date. And further, you will pay a sum of one hundred dollars on the first day of every month, commencing the first day of next month, until the said arrears are extinguished. This is over and above the nine hundred dollars per month already ordered. Now, if we have nothing further I will—”
Garth jumped to his feet. He tried to explain to the judge he was looking for work, had no money, had lost his credit rating and didn’t know how he could pay.
“That is my order, Mr. Hodgson,” the judge said. “Please, take your seat or I will find you in contempt of this court.” Tim Murphy whispered in his ear, and Garth apologized to the judge for his outburst.
“Apology accepted, Mr. Hodgson. I understand how emotionally charged these proceedings can be, but I must insist on decorum in my courtroom. I suggest your best course might be to petition the court to vary the original order. Your lawyer can explain this to you.” She nodded to the clerk.
“Order. All rise,” Joyce Barnett said. “This court stands adjourned.”
Outside the courtroom, Garth was shaken. With the one hundred dollars for the arrears tacked on, his monthly child support payments now totaled one thousand dollars. If he went into arrears on this order, the Support Order Enforcement people would be all over him.
Tim Murphy came out of the courtroom and walked over to Garth. “I just talked to Lorne Davis.”
Garth was dejected. “Why bother? You won’t change his mind. He obviously has it in for me. The jerk wouldn’t even let me tell my side of the story.”
“Listen, Garth that jerk, as you call him, can make your life miserable.”
Garth was totally frustrated. “Anymore miserable than it is now? This hearing was adjourned six times by the SOE. They were playing games, trying to see if I was gonna show up! They didn’t care I had to take time off work every time. That is — until I lost my job. Speaking of which—where am I gonna get three thousand dollars, huh? Answer me that!”
“Can you get a loan?” Tim asked.
“I could have until the SOE ruined my credit rating. They registered my arrears as a bad debt. Nice people, huh? They want me to pay but then prevent me from getting a loan so I can pay! They might as well put the ‘cuffs on me right now!”