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Lonely Hearts Meet

Viewing comments for Chapter 37 "Part one, Chapter 12"
Anna and her son escape from a man-made Hell.

84 total reviews 
Comment from Roberta Joan Jensen
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CHAPTER TWELEVE

"On Friday, October 7th, 2011[,] you were outside the Rainbow Daycare around three o'clock, correct?"

"I'll take that as a yes. Whose request?" --- They won't take it as a yes. He'd be ordered to answer because they need his verbal response for the record. Either a court reporter is taking down the record, or it's being digitally recorded, but they never let a witness get away without answering.

Since both Anna and bobby's mom are Mrs. Rodgers, you have to identify which Mrs. Rodgers the witness is talking about. In one of my cases, my client was Melissa jensen, her ex-husband was steven Jensen, and I, of course, was Ms. jensen. I asked the judge if we could go by first names with three jensens being in the courtroom. You have to identify them by first and last name, or first name.

---
"What I want to know is why Mr. Sorenson thought it necessary to pay you to sit outside this daycare center?" --- this issn't really a question and you can't ask a witness why another person "thought" something. No witness can testify about another's "thoughts."

Everett glanced toward Paul and lowered his head.[Why is he lowering his head. that is most unprofessional behavior and indicates guilt or shame.] "My job was to ensure Michael Rodgers' safety. I was to make sure -."

"So even Mr. Sorenson was worried about Ms. Rodgers'[which rodgers?] ability to choose a good daycare," interrupted Mr. Brown, turning around and pointing at opposing attorney. --- he would not get away with this. he is testifying about his opinion and not asking a question. The judge might say, "Mr. Brown, you are not to testify. Please ask your witness a question, if you have one."

Paul jumped up. "I object."

[Before everett can say the following, the judge would stop him because there's an objection on the table that needs to be answered by the judge. then Everett would be stopped because witnesses aren't allowed to say such things. Paul, however, would make a point of the fact the Brown didn't let him finish.]
"I wasn't finished." Everett glared at the plaintiff's attorney. "You interrupted before I could finish."

"Your honor, may I speak?" After Judge Sawyer acknowledged Paul, he continued, "I heard Mrs. Rodgers threaten Anna. If I'm not mistaken her exact words were; you're not going to get my grandson. I'll see you in Hell before you take Bobby's son from him. She spoke these words on the sidewalk in front of this very courthouse." --- Paul cannot say this either because it's testifying. A lawyer cannot be someone's attorney and and a witness at the same time. He would need Everett to testify to it, if he heard it, or have Anna testify to it,.


Brown stared at Mrs. Rodgers. "She looks like a loving grandmother to me. Not a child abductor. I bet she even makes chocolate chip cookies and apple pie." --- Brown cannot say this. It is his opinion or he is testifying. He could ask Mrs. Rodgers that when she's on the stand, but he can't say such things without the judge smacking him down.

Mrs. Rodgers nodded. "I do." She smiled and glared at Anna. --- the judge would also get irate at this. hasn't he already warned her once that she's not to make such outbursts? So here, he would say, "Mrs. Rodgers, I've already warned you once not to speak. One more such outburst and Iwill hold you in contempt." If he doesn't have better control over his courtroom, the judge is a very weak, ineffectual one.

---

"It seems even Ms. Rodger's attorney is worried that she's not capable of caring for her child by herself. Or maybe Mr. Sorenson had something else in mind by having a beautiful woman so close and available."
"I object."
"Sustained. Mr. Brown, is there a question?"
"If Mr. Sorenson isn't worried about the minor child's safety, what other reason would he have for a young attractive female residing with him?" --- Mr. Sorenson is not on trial here. This is totally inappropriate examination of Everett.
Paul would not just object, he would vehemently say, "Your Honor (in bold), emphatically, "I object! I am not on trial here; I'm only Anna Rodger's attorney. Mr. Page cannot possibly testify about why I am doing anything."
The judge himself might jump in here before Paul and admonish[that's a word they always use] Brown. "Mr. Sorenson is not a witness in this case and I will not permit such character assassination in my courtroom. One more inappropriate remark from you, and I will hold you in contempt and report you to the Bar. Either ask Mr. Page a question he can answer or finish with this witness."
There is no jury to influence, so this might go on in the courtroom. Alternatively, the judge might call a recess and ask the attorneys back to his chambers where he will read Brown the riot act.
If Brown believes he has legitimate allegations to make against Paul, it blows this whole trial to smithereens. Paul cannot be an attorney and a witness. The judge might call it a miss trial but would certainly call it to halt and make them start it all over after Anna found herself a new attorney.
Brown would have to have solid evidence, and not just wild-ass guesses to make such accusations. If not, he might very well get disbarred over such antics.

Barbara, This really isn't the way it's done. You ask the witness questions within his purview. Brown would ask Everett questions related to what he was hired to do, what his investigation uncovered, etc. He would call Troy tot he standto ask about his blood disease, and he'd better have some document to support it.
Also, even though there aren't deadlines to provide the other side your evidence ahead of time in an emergency situation, you have give copies of any documents to opposing counsel when you come into the hearing.
If he wants Paul to testify, he'd have to request that of the judge, and then, like I said, the whole thing would come to a screeching halt so Anna could find a new lawyer.

---

Judge Sawyer banged his gavel. "Mr. Brown, do you have proof of any of these accusations?"
He shook his head. "But I feel there are many coincidences that we have no answers for and they should be addressed. We have a minor child's welfare to consider. -- I think at this point the jduge would dismiss the case. A lawyer simply cannot do this and then say he has no proof.

I'd like to know how a young mother can afford the fees of the most respected attorney in central Texas. He's getting his payment somehow." --- He also would never say anything like this. Every lawyer knows that some attorneys take clients on pro bono, and never bring up attorney's fees unless the other party is asking to have her attorney's fees paid. Then he would ask her on cross examination, after she's already testified about her contract with her attorney and how much she's paying, any questions he had. He would not, could not, make such comments in court without the judge tearing him apart.
Now, Mrs. Rodgers might try to say such things when she's on the stand, but she would get shot down real quick. You just cannot make wild accusations like this in court without some proof.

Roberta

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 Comment Written 26-Oct-2011


reply by the author on 26-Oct-2011
    I made a hard copy of your suggestions so I could correct them without missing anything. I appreciate the time you took to do such a careful review.
reply by Roberta Joan Jensen on 26-Oct-2011
    Thanks, Barbara. I was really afraid you were going to be mad at me.
reply by the author on 27-Oct-2011
    NEVER
Comment from *erin*
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The hits just keep coming for Anna. I feel so sorry for her. Bobby and his mother just need to leave her and Michael alone. I hope she won't come out of this thinking too damaged. No one should have to go through something like this. Great job as always, and keep up the excellent work!

 Comment Written 25-Oct-2011


reply by the author on 25-Oct-2011
    Thank you for the kind review.
Comment from mumsyone
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Another good continuing chapter, Barbara. I'm assuming, from your author notes, that Troy has Hepatitis? I hadn't seen mention of it in any other chapters, but I might have missed a chapter or two.

 Comment Written 25-Oct-2011


reply by the author on 25-Oct-2011
    I had kept it a secret, but have hinted that something was going on with him. I put my author's notes one post too soon. Thank you for your kind review.
Comment from smudge
Excellent
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This is a well written easy to read chapter. The characters are believable. The judge asks ordinary questions leading to a shock discovery.

 Comment Written 25-Oct-2011


reply by the author on 25-Oct-2011
    Thank you for your kind review.
reply by smudge on 26-Oct-2011
    Your very welcome.
Comment from Connie P
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Mrs. Rodger's attorney was really starting to get on my nerves. He's trying every nonsenscial trick in the book, but NOW what is this about a blood-borne pathogen, it could be anything. I can't wait to see where this goes!!
Connie

 Comment Written 25-Oct-2011


reply by the author on 25-Oct-2011
    I appreciate you kind review and support.
Comment from rudion
Excellent
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This story remains very compelling, with true-to-life characters and true-to-life drama. Actually, this book would make a good movie. It's moving right along. Great job.
Rudion

 Comment Written 25-Oct-2011


reply by the author on 25-Oct-2011
    Thank you for the kind review.
Comment from teacherdub
Excellent
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Again, the intense nature of Anna's struggle to keep her son rises a notch. The storyline is intact with suspicions being leveled at Troy and Paul. Flows well, suspense builds, and the last little tidbit provides a unique cliffhanger effect. Great job, Barbara. td

 Comment Written 25-Oct-2011


reply by the author on 25-Oct-2011
    Thank you for the kind review.
Comment from eliz100
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This was a good read from beginning to end, as usual. I am not so sure a judge would let the attorney get away with somany comments that were not questions. Just a thought.

 Comment Written 25-Oct-2011


reply by the author on 25-Oct-2011
    Thank you for the kind review.
Comment from mmmichelle34
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a friend of mines dad has all three of hepatitis he told me he had hep. A B and C wow he lives alone now but often needs help with things i go to help him some but the information you gave at the end of your writting was very helpful thank you.

 Comment Written 24-Oct-2011


reply by the author on 25-Oct-2011
    Thank you for the kind review and insight.
Comment from Charlie Crewes
Excellent
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As I read your chapter, I discovered I did your story a disservice. I just recently rejoined FanStory and this is the first chapter that I've read. As you have mentioned, you had described all the characters earlier. I found it difficult to follow simply because of my lack of familiarity. I did find the dialogue interesting, also the author notes. Kudos on your work.

 Comment Written 24-Oct-2011


reply by the author on 24-Oct-2011
    Thank you for the kind review and understanding that this story has gone on for a while.