Friday, October 7, 2011

Chapter 53

When Gregory Feingold arrived at the Draiman homestead he had to admit to admit that he was nervous. Dealing with Jordan was nothing. He was used to her. It was the fact that he was about to meet her phenom of a father and his wife. David Draiman was an inspiration if ever there was one. He had been the Voice. It had been David's words that had kept his parents strong during the original Utopian Occupation.

Greg knew that he had to push the nerves aside in order to do his job. He rang the doorbell and waited patiently for someone to let him in. The man that answered looked like a young David with glasses and hair. "Can I help you?" he asked quaintly.

"I'm Gregory Feingold. Jordan's divorce attorney."

The man stepped back and let him in. "Nice to finally meet you. I'm Jordan's twin brother, Jacob."

"You're the Neurologist that won the Nobel Prize a few years back."

Jake nodded. "That would be me." Jake hated talking about his Nobel Prize. Even ten years after the fact, he didn't feel like he'd done anything to deserve it. "Jordan's in the kitchen with our parents."

"Where are the kids?"

"Out at the cottage my parents had built a few months ago with one of our younger brothers and his family."

Greg nodded. "That's a load off of my mind."

"My parents take being their guardians very seriously. It doesn't matter what happens, they will put the best interests of their grandbabies in front of everything else."

"Well that's good of them."

Jake led him into the Kitchen where Jordan sat talking to her parents. "Jord, your attorney is here", he said as he walked toward the fridge to grab a bottle of water. "I'm going to leave you all to take care of business. I think I'm actually going to head into town and check on my medical practice that hasn't seen me in
months", he said with a laugh.

"Go have fun with that", his mother said as she laughed and waved.

Once Jake was gone Jordan introduced everyone and Greg got down to business. He asked them questions about the things that they had personally witnessed during the course of the relationship and things that they had learned since Levi and Jasmine had been in their custody. They left nothing out. David was even sure to tell him about the conversation between himself and Davina earlier that morning, including Jasmine's reaction to the thought of speaking to Davina over the phone. Once Greg was done taking his notes.  “That should about do it.  We’re good.  Were your other children going to testify as well?”

“Probably”, David said with a nod.  “They all have things that they’ve witness that we know have no firsthand knowledge of.  Did you want to speak to the kids?”

“I would like to, but I don’t want there to be an appearance of impropriety.  The judge will more than likely speak to one or both of them.  If she allows council into chambers afterward, I’ll talk to them then.”

“I want to be in the room when that happens”, Jordan said adamantly.

“You can’t be, Jordan.  It’s just between the child in question, the judge, and the two attorneys.  It keeps the kids from feeling like they have to answer a certain way because one parent or another in the room.”  

Jordan’s face showed how much she liked that answer.  “Jordan, don’t worry.  I’ll make sure that Andrews doesn’t harass them in anyway.”

“Andrews?” James said when he walked into the room with an empty plate.  Kenna had just finished a bit of lunch and he was getting ready to feed his kids.  “Ryan Andrews?” he asked.

“Yeah.  You know him?” Greg said, looking in James’s direction.

After he finished digging through the fridge, James set about making lunch for his kids while he answered.  “Yeah.  I went to high school with him.  Wow, he actually made it to law school.”

“And you are?”

“I’m James Draiman.  I’m one of Jordan’s younger brothers.”

Greg looked at David and Brie.  “How many kids do you two have?”

“Ten”, they said in unison.

Gregory shook his head.  “So I’m going to have to talk to nine more people.  Wow.”

“One of our children isn’t here to be honest with you and knows next to nothing about what’s going on.  She  lives in Israel close to us.”

“Will Jessi not be here?” Jordan asked.

“She’s trying, baby.  She wants to be here for big sister and bring out the new baby for everyone to see”, Brie said reassuringly.  “She’s trying to get the time off work.  Thankfully, the President of Turkmenistan left a couple days ago.  She said she’d call when she was ready to come out.”

“I hope she’s here by next week”, Greg said.  “Jordan is going to need all of the support she can get.”

---------------

The week passed rather quickly.  It took no time at all for Greg to get all of the statements that he needed from the family and Jordan’s friends.  Jessi had even made it out the night before they had to be in court.  The night in the Draiman house was a very happy one.  Aside from Jessi’s husband, the entire family was together.
When everyone got up, things were somber.  Only Jordan’s nine siblings were going.  The in laws were staying behind unless they had a story to tell the judge which meant that Delilah was going.  The kids would stay with their aunties and uncles so that they could play with their cousins during the court proceedings.
Jasmine and Levi were going with their grandparents and Morbus.  Morbus was driving them in a vintage car of his own.  He’d taken good care of it over the years.  He still wore something to cover his face though he did dress in a suit and tie for the proceedings.

The entire family was silent and tight- lipped as they made their way up the stairs and into the county courthouse.  No one had anything to say in the Draiman camp.  In Davina’s camp, however, it was a totally different story.  Her entire family decided to stop and address the media to give their sob story about how the Draiman family was unsupportive of Davina’s relationship with Jordan, and how they didn’t treat their precious little Jasmine like family when they had gone out of their way to make sure that Levi felt at home.
Finally, once everyone was in the courtroom, the bailiff called the court to order.  “All rise!  The family court of El Paso County Colorado is now in session.  The Honorable Judge Melody Haskins presiding.”

Judge Haskins came out and took her seat on the bench.  “Please be seated.”

The bailiff handed her the file.  “Your honor, your docket for today is #774915, the matter of Davina Kealoah- Draiman vs. Jordan Draiman for custody of the minor child Jasmine Nichelle Draiman.”

“Thank you Bailiff.”  She looked out over the people in her courtroom.  “Are all parties present?”

“Gregory Feingold for Ms. Draiman.  The respondent and witnesses are all present”, Jordan’s attorney said.

“Ryan Andrews for the plaintiff, your honor”, Davina’s attorney.  “All parties are present.”

The judge looked out at the courtroom.  “As I’m sure everyone knows, this is a closed courtroom for the privacy of the Draiman family as they are all public figures.  All cellphones need to be shut off and will be collected by the bailiff.”  As the bailiff moved around the room to collect everyone’s phones, she continued.  “The details of this hearing are not to be discussed outside of this courtroom and my chambers.”  She looked in the direction of Davina’s table.  “I know about your little stunt out on the steps this morning, Ms. Kealoah.  That will not happen again.  If it should, not only will you be held in contempt of court, but you will forfeit your claim.  I hope I make myself perfectly clear about this gag order.  No one is to speak to the press about this matter until after the ruling.  That being said; yes, I am familiar with the Draiman family.  I know James.  I know Dr. Draiman.  I know Malachai.  I know Mr. and Mrs. Draiman.  This however does not make me biased.  If I feel that Jordan is unfit to be a parent not only will I have Jasmine removed from her custody, but I will have Levi removed from her custody as well.  I am unbiased and fair.  Now, to kick things off I want to arguments on why each party thinks that they are the better parent.  Mr. Andrews, you first.”

Ryan Andrew stood and gave an elegant and passionate speech about how Davina was really a victim in the relationship.  She was treated like a pariah and so was Jasmine when after she was born.  Jordan was foul tempered and abusive toward them and Davina felt that Jasmine was in danger of being beaten by all of the Draiman family.  All Jordan- in her beige pant suit, red silk shirt, and black stiletto pumps- could do was sit there and listen as Davina’s attorney slandered her and her family.

When Gregory Feingold stood and gave said his piece in response, he spoke of how the first time he spoke to Jordan about the divorce he could hear the heart break in her voice that she couldn’t see her children, because of the provision she had put in the pre- nup. She didn’t just cry over Levi, she cried over Jasmine too.  She was never violent, even of provoked.  She struggled to keep the fighting away from the children where Davina would pick fights in front of them.  He spoke of Jordan’s family’s undying support of not only her life style, but of her herself.  He even told the story about how her parents responded when she told them she was a lesbian, saying that there was no way that the Draiman family- let alone Jordan herself- would ever hurt the children.

Judge Haskins sat back in her chair and massaged her temple.  She was already getting a headache from the bull shit that Davina’s side was spewing.  She knew that there was one sure fire way to get to the bottom of it all.  She had to talk to the child that they weren’t fighting over.  She knew she had to talk to Levi.
After all of the statements were given, she nodded.  “Alright.  Now that I’ve heard everyone’s bull shit, I’d like young Levi to step forward.”

David leaned in and whispered to Levi on how to address the judge and to be respectful, then sent the boy to the front of the courtroom.  Jordan smiled as Levi walked up into the main floor of the courtroom in his little suit.  Levi looked up at the judge.  “Yes your Honor?”

“Just a quick question before you and I go into my chambers and talk.  What did your grandfather just whisper to you?”

“He told me to address you as ‘your Honor’, to be respect and say ‘yes ma’am’ ‘no ma’am’, and to tell the truth.”

“Do you know the difference between the truth and a lie?”

“Yes ma’am.”

“Give me an example.”

“My name is Levi Joseph Draiman.  That’s the truth.  I have my social security card to prove it.  My Grampa is a mean old man.  That’s a lie.  My Grampa is AWESOME. He took me diving and I got to see two different species of sharks.”

The judge nodded and laughed.  “Alrighty then.  You wanna follow me?” She stood from her seat and walked down off of the podium.  She took Levi’s hand and led him to the door that led to her chambers.  “I will send for council to question the child as soon as I am done.  Behave yourselves, please.  The first person to step out of line will be held in contempt.”  And with that, she and Levi disappeared behind the door that led to the judge’s chambers.

---------------

As Judge Haskins shut the door to her chambers Levi spoke.  “You could have put me on the stand, your honor.”

The judge laughed.  “Why do you say that, Levi?”

“Because I don’t like Davina or her family and I want them to know that I don’t like them.”

Her eyes grew wide as she took her seat behind the desk.  “Wow.  You’re just as opinionated at your mother and grandfather, aren’t you?”

“I’ve been told I have a temperament more like Uncle Jake, but my Mama taught me to call a spade a spade and not mess around with sugarcoating things.”

She nodded.  “That’s a good lesson to teach.  If more people were like your Grampa and the rest of your family, there would be a lot fewer problems in the world if you ask me.  Now, why don’t you tell me why you don’t like Davina and her family?”  She laced her fingers together and laid her hands on the desk.

“Well your Honor, let me just lay it out for you.  Davina’s lawyer lied in court.”

“How so?”

“What he said about them treating me like family while my mom’s family didn’t treat Jasmine like family is actually reversed.  All of the concerns they voiced about Jasmine at the mercy of my family, those things were actually inflicted on me.  There was one time when I saw Mama actually hit Davina before Jasmine was born and that was because Davina slapped me and left a mark on my face.  Mama went crazy.  The only thing I saw was Mama slap Davina and I ran off because I’d never seen my Mama that mad.  She later apologized to me for me having to see that.  She said that I should never have to witness a fight like that and that Gramma and Grampa never fought like that and if they did she and her brothers and sisters never saw it.”

“When your Mama and Davina fight, who usually starts it?”

“Davina.”

“What are some of the things Davina would do to punish you and Jasmine if you did something wrong?”  Levi started outlining many of the things that Davina would do to punish him and his sister.  Kneeling on bags of rice, being swatted with wooden spoons wherever she could land the thing- and not the flat part either, but the handle- as well as a plethora of different things that would make even the strongest stomach turn.  Once she’d heard enough she called for the attorneys to join her in chambers so that they could ask Levi their questions.
Before either of the men were able to get anything out of their mouths, Levi looked at Davina’s attorney and spoke.  “You should know better than to lie in court, sir.”

Ryan Andrews looked at the child like he’d gone crazy.  “I didn’t lie.  How did I lie?”

“My Mama was only ever violent toward Davina once and that was because the… woman slapped me and left a bruise on my face.  If anyone should be afraid of how someone is going to treat Jasmine, it should be my Mom.”

Greg knelt and got down on Levi’s level.  “Why don’t we explore that, Levi?”

“Ok.  What do you want to know?”

“When Mr. Andrews said that your Uncles and Grampa were violent and abusive, was that true?”

“No.  My Uncle Jake is a Doctor.  His oath said that he can’t hurt anyone.  My Uncle James is an attorney himself.  He would never hurt someone and break the law.  And Grampa always tells us boys not to hit our sisters or girl cousins.  You should never lay a hand on a girl, he tells us.  Not only can it get you in lots of trouble, but it’s just morally wrong.  When we asked what the word morally means, he explained it that society, or the people around us, sees hitting a girl, or a woman, as bad and told us that if he saw it again, he’d make sure we did all of the girls’ chores until our parents got sick of seeing it happen.”

Then Andrews asked Levi a question.  “You mentioned in the courtroom that your Grampa took you diving and you got to see sharks.  You remember that?”

Levi nodded.  “Yeah.”

“Where were Gramma and Jasmine while this was going on?”

“Grampa and I dropped Gramma and Jasmine off at the mall in Tel Aviv before we went down to the dive shop to pick up our tanks.  Grampa gave Gramma one of his credit cards and joked with Gramma not to spend it all in one place.  She laughed at him and said she’d try to do just the opposite.”

“Do you know how much money Gramma spent on Jasmine?”

“No, but I’m sure that it had to be close to what Grampa had spent on me.  They don’t believe in doing things that show favoritism toward any of us.”

“How much did Grampa spend on you?” Judge Haskins asked.

“Around $1,500.  But, Grampa paid for a diving education class, a wet suit and the stuff that goes with that, an oxygen tank, gas for his friend Joe’s boat, and a camera so I could take pictures while we were down.”

“Do you want to be separated from your sister?” Greg asked.

“No.  I love Jasmine.  She’s my baby sister.  There have been times when I would take punishment meant for her because I didn’t want to see Davina hit her.  I’m bigger and I can take it.  Grampa and Gramma tell us to protect those who are smaller than us.  That’s what I would do.”

“Levi, how do we know that you’re telling the truth?” Andrews asked.

Levi stood and took off his suit jacket.  “You wanna see the scars from where she caned me?”

The judge’s eyes tripled in size.  “Whether the lawyers do or not, Levi, I certainly do.”

Levi carefully removed his shirt and tie to show the judge and the attorneys the scars on his back.  “My Mama doesn’t know about these.  Only Gramma and Grampa because I told them while we were staying in Israel with them.”

“When did this happen?” the judge asked.

“On one of the tours that Mama had to go on recently.  I think it was the last tour.”

“Did anyone see this happening?”

“Yeah.  Mama’s bodyguard.  Mr. Morbus, she told us to call him.  He made Davina stop hitting me.”

She looked Jordan’s attorney.  “Please tell me that Morbus is going to testify.”

“He’s one of our witnesses, yes, your honor.”

“Good.  I want to hear what he did about this.”  She looked down at Levi.  “Levi, we’re going to step out and let you get dressed again.  When you’re done, the bailiff will take you back out to the gallery so that you can sit with your grandparents.  Ok?”

Levi nodded and started putting his shirt back on as the judge and the attorneys left the room.

---------------

Court was called back to order the judge spoke. "Mr. Andrews, I allowed you to give your opening statement first, but I'm going to ask Mr. Feingold to give call his witnesses first."

"Your Honor, I have to object", Andrews said.

"Shut up, Mr.Andrews. You'll have a chance to cross examine all of the witnesses", she said with a roll of her eyes. She looked at Jordan's attorney. "Mr. Feingold, call your first witness."

Greg stood and did just that. "I would like to ask the Draiman family's long time bodyguard, Morbus, to the stand.". Morbus stood from his seat next to David and Brie and went to the stand where he was sworn in. "Please state your given name, occupation, and any aliases for the record."

Morbus sat a buttoned his suit jacket. "My given name is Trevor Daniels, I've been the bodyguard for the Draiman family, as well as the bands Disturbed and Reckless Disregard since the Utopian Occupation. I am known to most of the world as Morbus."

The judge looked at him from the bench. "I hope that I don't offend you, but I would like to ask you to remove your hood momentarily so that I can see why you wear it", she asked.

Morbus reached up and removed the hood that covered his face, revealing the scars from the explosion that maimed him so many years ago. "I was standing a little too close to one of the safe houses when it blew up", he said with a chuckle and slipped the hood back over his face.

The judge's eyes widened momentarily, then she swallowed her shock. "Have you ever considered reconstructive surgery?" she asked.

"Why?"' he asked. "I'm supposed to be frightening. It's my job. If I'm supposed to protect Jordan and Malachai then how can I do that if I'm not mysterious and a little scary?"

"Touché."

Jordan's attorney walked out from behind the table where he and Jordan were sitting and over to the stand where Morbus was sitting. "May I call you Morbus?"

The hardened bodyguard shrugged. "Everyone else does."

"Fair enough. Morbus, how long have you been Reckless Disregard's bodyguard?"

"Since they first got started, so for about 20- 25years."

"And in that time, did you ever witness Ms. Kealoah abuse either of the children?"

"On several occasions", he said.

"Did you make an effort to put an end to it?"

"Each and every time", he said.

"Can you give the court and example?"

"There was an occasion where Davina- Ms. Kealoah- had what looked like a thin bamboo cane in her hand and she was literally beating Levi with it, saying that's what he got for interfering with her punishing Jasmine. I can't say for certain but I believe that it was her intention to use that same cane on Jasmine. Levi took a beating for his little sister."

"Do you believe either of the women to be abusive or foul tempered?"

"Objection", Davina's attorney called. "Calls for an opinion."

"Your Honor, this is kind of the witness's area of expertise", Greg quickly countered.

"I'll allow it. Objection over ruled."

"Jordan is hot headed , but has never been on to strike out in anger physically. She will strike
out with her words rather than her fists. She's much like her parents like in that regard. Davina, from what I've witnessed, is violent and physically so", Morbus said on response to the question.

"Thank you Morbus." Greg went and took a seat.

Davina's attorney stayed where he was sitting for the moment. "Why should we believe anything you have to say, Morbus? I mean, you are partial to the Draiman kids, aren't you?"

Morbus stared at the young attorney for a moment. He guessed that he was about the same age as the Quads. "No. I treat them the same way I treated the kids of the other members of Disturbed and my own children."

"So are you saying that you would lie for the other members of Disturbed's children as well?"

"No. I'm saying that if I thought they were wrong, I'd snatch a knot in them as quickly as I would my own children. When Jordan is wrong, I let her know it. When she goes too far, I let her know it. I did the same to Davina. There came a point where I told Jordan to stop bringing Davina out on the road and Jordan told me that she wished she could. Davina would track her down and drag the kids along for the ride. I asked why and Davina herself told me that she was insanely jealous and afraid that Jordan would cheat."

"Were my clients fears ever founded?"

"No. Jordan was nothing but faithful. Can't say the same for your client though. She screwed any woman that would let her between their legs."

"And you witnessed this personally?"

"Yes. While Jordan would be onstage with her band, Davina would be hiding amongst the buses and trucks with a groupie."

"Did you ever get proof of this?"

"Yes. The pictures are on my phone."

Ryan Andrews knew that he was going to lose this round with the infamous Morbus. "Nothing further, your Honor."

"I have a question for you, Morbus", Judge Haskins said.

"Yes your Honor?"

"Council may not want to see these photos you took, but would you mind showing me?"

"I'd need my phone back your Honor."

The bailiff returned Morbus’s phone to him and he pulled up the pictures for the judge. She looked over them and shook her head. "Pitiful", she said. "Thank you Morbus. You may step down after you shut off your phone and return it to the bailiff."

Morbus shut off his phone and gave it back to the bailiff. As he walked back to his seat he felt a twisted smile tug at the corners of his mouth. He knew that his testimony would be damning for Davina. He took his seat on the other side of David and he leaned in to whisper, "You think that drove a few nails in her coffin?"

"Probably."

Brie leaned into them and whispered, "I hope her attorney chokes on the crap he's trying to spew on her behalf."

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