Friday, October 7, 2011

Chapter 54

They continued with questioning the different witnesses until lunch. The judge asked her questions after the attorneys finished asking their questions. It was a rather nerve wracking day. The one time she nearly held either of the attorneys in contempt was when David Draiman took the stand. Jordan's attorney asked his questions and allowed the 73 year old man to explain his answers thoroughly before moving on. David was as well-spoken and eloquent as the judge remembered him to be not only during the other times he'd been in her courtroom but of when he was still and active recording artist and touring. Anytime Disturbed played in Denver she was sure to be there. When Jordan's attorney finished his questions Davina's stood and started asking questions. "Mr. Draiman, are you aware of your daughter's temper?"

"Yes I am."

"Have you ever seen your daughter get physically violent?"

"No, but", David started.

"Yes or no, Mr. Draiman."

"Councilor", the judge said sternly, "it would behoove you to let the man finish speaking. First warning. Anymore and I'll have to hold you in contempt."

David looked at the judge. "Thank you, your Honor", he said and looked back at Davina's attorney. "As I was saying before I was so rudely interrupted, no I haven't ever seen my daughter get physically violent, but there have been times when she has come close."

"Can you gives us an example?"

"As Disturbed was planning our final show, one of the other..."

"And what did you do?"

"I wasn't finished and I was getting to what I did about It because it's part of the story", David responded quaintly.

"Final warning, Mr. Andrews", the judge said. "Do not interrupt this man again."

"Again, one of the other vocalists was having abandonment issues because I'd lost contact with the band. I was the founding member of Intoxication Records that signed them. The girl called Jordan a cheat behind her back. I had the rest of the band remove her from my home before I even told Jordan about what was said because I knew that it would upset her to be called a cheat. It upset me that she was called one. Jordan admitted to me that had she seen the young woman in question she probably would have become physically violent because it upset her that much. The next day I let Jordan verbally voice her grievances on the condition that she kept her hands to herself."

"And did she?"

"Yes she did. She'd had time to settle down after hearing the accusation."

"What about with my client? Has she ever become physical toward her?"

"Not to my knowledge."

"Why don't you know?"

Jordan's attorney jumped to his feet and shouted. "Objection. He's badgering a 73 year old man."

"Sustained", the judge said. "Mr. Andrews, you're on thin ice."

David looked the judge. "May I address the young man?" he asked.

"Be my guest, Mr. Draiman."

David looked at Davina attorney. "Young man, I'm not as young as I used to be and I'm the father of ten. As much as I hate to admit it, things tend to fall through the cracks. And, as of five years ago, my wife and I no longer live in the US. That, and the fact that all of my children are very private people about their home lives is how I don't know. Now, I'm not a very patient man and my temper has only seemed to get shorter over the years. Jordan gets her temper from me. All of my children that have tempers do. And with all of these hot heads that grew up under my roof, none of us get physically violent unless provoked. I'm not saying that Jordan has ever hit Davina and I'm not saying that it hasn't happened but if it has I’m sure that Davina gave her a perfectly good reason."

"And what would you classify as a good reason?"

"That's not for me to say. That's up to Jordan's logic."

"Are you avoiding answering the question, Mr. Draiman?"

"No. I'm giving the answer to the best of my ability."

"Your Honor, please instruct the witness to answer."

The judge sighed. "No. I'm instructing you to back the hell off of the man. He's answered your question a couple times over and can't give you any further insight. Move on or sit your ass down. That thin ice you're on is starting to crack and if you act this way when you question his wife, I will hold you in contempt. I'm not sure if you're aware, but contempt in my court is $2,000 for the first count and $2,500 for each subsequent count. Push me and you're pocket book will feel my wrath."

"But your honor", he said.

"Do I hear $2,000?"

"Nothing further", he said and made his way over to sit down.

The judge looked at David. "Mr. Draiman, I have one question for you. During the time that you and your wife have had Levi and Jasmine in your custody, have either of them expressed fear of either Jordan or Davina?"

"Levi, not really but Jasmine did express fear of Davina."

"Thank you for you candor, Mr. Draiman. You may step down."

David stood and went back to where he had been sitting with Morbus, his wife, and his grandchildren. Brie looked up at him and sighed. "I really don't think he'll be able to hold his tongue with me", she whispered.
"If he doesn't then he'll be hauled away for contempt", David whispered to her. "The judge obviously isn't falling for any of Davina's antics. I'm sure that he'll feel it if he decides to get rude with you."

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

It wasn’t a case of dejavu, thankfully.  Ryan Andrews didn’t feel like making his firm pay for contempt charges. Brie kept her answers short sweet and to the point.  “Mrs.  Draiman, is it true that when your husband was touring that you wanted to travel with him?” Andrews asked Brie after Greg had finished questioning her.

“Yes, it’s true.”

“Is it true that you wanted to tour with him because you enjoy the spot light?”

“No.  I can’t stand the limelight.  I just wanted to share the experience with him.”

“So, why didn’t you tour with him?”

“Because we have ten children and it would have been unfair to them to pull them out of school and their individual activities.”

“That being said, do you disapprove of pulling my client pulling Levi and Jasmine out of school so that they could tour with Jordan?”

“Yes I do.”

“Why?”

“Because they have friends at school that they would like to hang out with too.  Davina pulling Levi and Jasmine away from their friends is unfair to them.”

“Even though they’re not involved in activities?”

“Even though.  And if she’d leave them in school and stay home with them rather than drag them all over the country and the globe they could get involved in different activities.”

“And you know that either of the children wants to do that how?”

“My husband and I did have custody of them in Israel for about three or four months.  They tend to have a lot of time to talk during that space.”

“Which one was it?”

“Young man, I am 70 years old.  How the hell am I supposed to remember?  My memory tends to get a little foggy and days run together every now and then.  I’m guessing it’s been closer to four months.”

“Has Jasmine expressed an interest in getting involved in activities?”

“Yes.”

“What has she expressed interest in doing?”

“She has several cousins that are in acting and dance lessons.  She wants to get involved in that as well as voice lessons.  She is a little drama princess much like her mother was when she was her age and like a lot of her aunts were at five years old.”

“And Jordan would be willing to do that?”

“Objection”, Greg called.  “Calls for speculation on Mrs. Draiman’s behalf.”

“Sustained”, the judge said.  “Watch your step, Mr. Andrews.”

“I have nothing else for this witness”, Andrews said.

The judge looked at  Brie.  “Mrs. Draiman.  My questions for you is these; it’s been entered into evidence that you and your husband spent a good deal of money on Levi and Jasmine while they were in Israel with you.  First, if Jordan had been Jasmine’s biological mother, would that have changed anything?  And would you do the same for all of your other grandchildren?”

“To answer the first question, no.  Jasmine is our granddaughter no matter who her biological mother is.  She calls Jordan ‘mama’ and that’s all that matters.  The fact that Davina is her mother doesn’t change that.  My husband and I both adore Jasmine.  She’s an angel.  And to answer your second question, yes.  We don’t love any one grandchild more than the others just like we don’t love anyone child more than the others.  We have a total of 25 grandchildren now and we would drop 15 G’s on each and every one of them and not bat an eye.”

The judge nodded.  “Thank you, Mrs. Draiman.  You may step down.”

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

Jordan finally took the stand and told the story of how she and Davina would fight all the time around time for her to go on tour.  She talked about the many times she suspected that Davina was cheating but she never had any proof.  “I’m not the kind of person to make accusations without proof.  IF I had had proof that Davina was cheating on me, or that she had beaten my son the way she had because he wasn’t going to let her beat my daughter, then she would have been gone a very long time ago”, she’d said at one point.

Davina’s attorney stood and applauded as he walked toward Jordan where she sat on the stand as soon as Greg was done questioning her.  “Quite a stunning performance.”

“It wasn’t an act.  I may have been a drama princess when I was younger, and I may have tendencies to get diva like, but I’m not acting.”

And it went on.  Ryan Andrews tried to discredit everything that Jordan said by twisting her words to make Davina look like the victim.  Jordan was having none of that.  She would correct him and did so sternly on several occasions, asking that the judge to have to court reporter read everything back to her from when she was examined by her own attorney.  After all was said and done, everyone’s cellphones were returned to them and they were all dismissed for an hour and for lunch.  David and Brie asked permission for Levi and Jasmine to be able to eat lunch with the family.  The judge considered it carefully.  “Mr. and Mrs. Draiman, I know that I can trust the two of you not to try to influence either of the children and to keep any of your children from trying to influence them.  As long as there is no discussion about the proceedings at the table I have no problem with them eating lunch with their mother and aunts and uncles.”

“Thank you, your Honor”, David said.

“Objection”, Ryan Andrews said.  “My client has been kept from her child for the past four months and would like to eat with her daughter.”

“Mr. Andrews, I know that I can trust Mr. and Mrs. Draiman no to allow conversation about the proceedings at the table.  I however do not know that I can trust your clients family and judging by the shameless display they put on for the press this morning I’m inclined to think that they can’t be trusted.  Remember, ladies and gentlemen, the gag still stands.  This session is not to be discussed outside of this courtroom or my chambers.  For those who don’t understand, don’t talk about what happened in here outside of here.  Like the old saying goes, ‘What happened in Vegas, stays in Vegas’.  What happens inside this courtroom, stays in this courtroom.  Now, we’re adjourned for an hour and a half for lunch.  Be here or be locked out and remember if you get locked out you’re not to speak about what’s been going on in here.  Enjoy your lunch, ladies and gentleman.”  The judge banged her gavel and walked away.

At lunch, Jordan was so happy she was nearly in tears.  She had her babies and she could see and speak to them.  That’s what she needed to make her day just a little better.  What would make all of the hell that she’d been through over the last few months worthwhile was if the judge gave her full custody of both kids.  She knew she’d get to keep Levi.  It was Jasmine that was up in the air.  But, she didn’t think about that.  She focused on the stories that her kids were telling.  Levi recounted his diving trip and promised to show his Mama the pictures when they got home.  Jasmine told her about the shopping trip and even did a little spin to show off the dress she was wearing that Gramma had let her pick out when they were shopping.  All Jordan could do was smile for an hour and a half.

Once court got back underway, the judge allowed Davina’s attorney to start to present his case.  Her friends, brother, sisters, and parents all spoke and each of them was made a fool of by Greg Feingold.  He threw their owns words back in their faces when they would testify inconsistently and remind them all that they were under oath.

Finally, Davina took the stand.  She sat and told her sob story about how Jordan was abusive, the Draiman boys were all brutish thugs, and the girls were all catty bitches who were push overs for men.  She said that she feared for Jasmine because of this fact.  She didn’t want her daughter to be a push over.  She wanted her daughter to be strong and independent.

Once her attorney was finished, she wiped her eyes as Jordan’s attorney got up and handed her a tissue.  “It sounds like you’ve been through quite an ordeal, Ms. Kealoah.”

“I have been”, she sniffled.

“Do you have any proof?”

“What?”

“Proof.  You know, something to substantiate your story.  Pictures of bruises, police reports, video of any of the alleged fights you say you’ve seen any of the Draiman’s have with their spouses?  Do you have any proof?”

“Well no.”

“You never called the police after Jordan allegedly beat you?”

“The Draiman’s are a powerful family.  I was afraid of the repercussions.”

The judge interjected.  “Forgive me, Mr. Feingold.”  She looked at Davina.  “Ms. Kealoah, repeat that for me.”

“I was afraid of the repercussions of calling the police because the Draiman family is so powerful.”

“To quote a dear idol of mine, ‘Don’t pee on my leg and tell me it’s raining’.  If you’re going to make such allegations, you have to have proof.  Jordan brought witnesses for all of her stories and Morbus had photos on his phone of you having several illicit affairs behind Jordan’s back.  You can’t come into this courtroom and say that you’re afraid for your daughter and the influence that the Draiman’s will on her without proof and witnesses for your allegations.  Even the mighty can be brought low.”

“I don’t have anything.”

The judge shook her head and looked at Greg.  “Do you have anything else, Mr. Feingold?”

“No, your Honor.  I’m finished with the witness.”

The judge sighed.  “We’re going to adjourn for about fifteen minutes so that I can consider all of the testimony given today and make my decision.”  She banged the gavel and walked away.

Jordan turned and looked at her brothers and sisters who were all there to support her and smiled.  “So, how are you feeling?” Jake asked her.

“I’m going home with my babies and she’s just going home.”

“Are you going to break your silence after this is over and speak to the press about what’s happened in here today?” Marc asked.

“Just about my relief to have this part of my nightmare over.”

“It’s nice to finally see you smile”, Delilah said softly.  “And I l know that our kids will be happy to see their closest playmates back too.”

“And I’ll be so happy to give that back to them.”

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

Judge Melody Haskins sat in her chambers and debated.  She didn’t debate the facts of the case.  Those were quite obvious.  The abusive one was Davina Kealoah not Jordan Draiman.  What her Honor sat and debated was whether or not to have Davina arrested in open court in front of two innocent children or to wait until the Draiman family was celebrating their win and the Kealoah’s were on their way out.

She picked up a her office phone and made a couple of phone calls.  There was to be a Special Victims Unit waiting outside of the courtroom while she rendered her decision so that they could arrest Davina Michelle Kealoah for assault on a minor child for the abuse she subjected Levi Draiman to. 

Once everything was said and done, she walked back out and her bailiff called the court back to order.  “Please be seated.”  Once everyone was sitting, she began.  “Before I state my decision, I’m going to say this.  There are a lot more and worse things that I was told by young Levi while in chambers with him alone that are beyond appalling.  I will not be stating them in open court because, Ms. Draiman, I know your family and I know your father’s temper.  If your temper is anything like his, you will flip and turn quite violent and I really don’t to see you arrested for assault in my courtroom. They will however be in my decision and the decree.  That being said, Ms. Kealoah, I am repulsed that you would think to come into my court and blatantly lie to me.  You couldn’t tell the truth if your life depended on it.  You’re a selfish, manipulative person who doesn’t deserve to be trusted with anyone else’s future.  Furthermore, how Ms. Draiman put up with you for a decade is beyond me.  I find that Jordan Hannah Draiman is the more fit parent for the minor child Jasmine Nichelle Draiman and hereby strip Davina Michelle Kealoah of her parental rights to the afore mentioned child.  The gag is hereby lifted.  It is so ordered and this court is adjourned.”

Jordan laughed happily as tears started to roll down her cheeks.  Both of her children ran to her from the back of the courtroom where they had been sitting with their grandparents and threw their arms around their Mama’s neck as they cried tears of joy along with her.

Davina and her family started to make their way out of the building.  As the courtroom doors opened, Jordan looked up in enough time to see two plain clothes detectives approach Davina to place her in handcuffs.  She was being arrested for the things that she’d done to the children.  Jordan couldn’t help but think in the back of her mind, THAT is poetic justice.

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