Chapter 28

Sunday came and went in a rush. I made breakfast while Melissa and Lavi played together which was becoming a tradition. Then they came downstairs beaming just in long tee-shirts. I paused the TV as they came in.

“You have good timing,” I pointed to an oven timer, which was now counting down in seconds.

Lavi came up on my right and Melissa on left and I received a double hug, a sensation I will never tire of. Melissa, half sleepily asked, “What’s for breakfast?”

“Beef sausages, fresh croissants, eggs, and honey butter.”

“And coffee?” Melissa batted eyelids at me.

I smiled. “And coffee, but you can fix that yourself, the pot is ready.”

Lavi however was already getting coffee cups out for her and Melissa. Syliva had bought them cups they now used regularly here for coffee that said “The Wife’s Coffee” and “The Other Wife’s Coffee.” Which girl had which changed randomly. One that said, “The Husband” was already filled with coffee and waiting for me to return to it. Of everyone, Sylvia was probably my biggest supporter. Sometimes I still got a side-eye from Peter like he was suppressing a father’s protective instinct but then when I talked to him he was completely at ease. I was coming to realize that his currents ran deep below the surface as they did for his daughter.

I was watching Shin Godzilla on the TV which earned me both an eye-roll and a grin from Melissa. I turned down the volume after I got the croissants out and we listened to the destruction of Tokyo lightly in the background as we ate. It was going to be a busy day so Melissa canceled her original plans which involved checking out some kind of church. Still, she made herself scarce though Lavi and I both said she didn’t need to. She said it was fine, she was going to go chat with Rian about something.

With our private time, Lavi decided to spend it rubbing my shoulders while I read poetry to her. It quickly became clear she hated William Carlos Williams, who I discovered I liked less than I had last time I had read him. I steered away from Syliva Plath not wanting connections to her mom during our private time. I took a gamble and read her Adam’s Curse by W.B. Yeats which she loved. Lavi often asked me to re-read sections or talk about a part but she never offered any commentary of her own, where Melissa wanted a dialogue Lavi just wanted to absorb it.

That’s what we were doing, me shirtless and Lavi’s hands on my back as Melissa walked through the back gate and found us under the big tree. She slid her key back in her pocket and said, “Am I interrupting something?”

“Only a drought of Melissa kisses,” I said. So, she joined us, kissing Lavi first who held out her arms, and then me. Then Melissa leaned back against us and that’s where we were when Sylvia showed up, announced by her phone making fake camera noises as she took pictures.

“This is too sweet. It’s going on Facebook.”

“Just walking in now are we?” I really didn’t mind but felt like giving Sylvia some grief.

“Back gate was open,” Sylvia replied. She was looking at her phone and without looking up said, “It’s an extension of the boinking rule.”

Melissa, “Boinking rule?”

“Don’t ask,” I said. Melissa got up and went to shut and lock the gate.

“Anyway,” Sylvia said, “Peter will be here soon with Jacob so we need to get ready.”

Dutifully we all got up and prepared to meet some new people.

Monday morning Lavi drove us to the school. There was a woman, about my age, a bottled blonde in a nice dark blue skirt suit waiting for us with several folders in her hands.

She shook Melissa’s hand first, “Melissa.”

“Mary,” Melissa responded. Lavi and I shook her hand as well.

“Good to see you all again. Now, do you remember what we discussed yesterday?”

Lavi nodded. “Yep, they’re going to play down everything and try to make it seem like I overreacted.”

“Right. Now I’m going to be representing you, Melissa. So, don’t exaggerate but represent the threat your assailant represented. And if I’m not mistaken...”

A bright red Porsche pulled in next to us. I didn’t know the make or model. I’m not a car guy but that was a beautiful car. The man that stepped out was in his 60s, a bit overweight but his suit had been tailored for it. He had thin wire-rim glasses. His hair was thinning but if it bothered him he didn’t bother to try to hide it with any combing tricks. He carried something that looked like a leather backpack instead of a briefcase.

I was closest so I reached out for his hand. “Mr. Kozinski.”

He replied, “Jacob, please.” He took my hand with his and had a firm grip.

Lavi lowered her head and addressed him, “Mar Cohen.”

He laughed, “Come here silly girl, give me a hug!” Lavi did and then the man held her at arm’s length. “Your dad told you to be polite didn’t he?”

Lavi turned a little red, “Yes sir.”

“Hah! Don’t call me that until I’m dying and you’re in my will.”

Lavi grinned. “I’m in your will?”

He grinned back, “You might be, pretty girl like you would make a dying man want to stay alive. It’s a shame you’re forty years too young.”

Lavi stepped away. “And you’re married.”

He shrugged. “Is true. I told my wife I was ready for my mid-life crisis and I could get a pretty girl or a car so she told me I could have a car. I tricked her though,” he wagged his finger as if making a point, “the last pretty girls worth it are both here and taken!” Lavi laughed.

“Take a hug from a shiksa too?” Melissa asked. He grinned and Melissa stepped up to give him a hug too. I really needed to learn some Hebrew apparently.

Meanwhile, Mary Heyman was tapping her foot. I had a feeling she didn’t like this level of familiarity between clients and lawyers. Kozinski held out his hand, “Ms. Heyman, a pleasure to finally meet you.” The girls and I had met with everyone yesterday but at different times. This was the first time the lawyers met each other though they had exchanged emails.

She smiled. “Mary, please. I’d heard you were representing Lavi. I was a bit surprised. Your firm handles criminal law mostly.”

He shrugged again. It seemed like a very natural gesture on him. “I could have sent a junior counsel but Lavi is family.”

“Really?” I asked. I hadn’t known that.

“Well, kind of,” Lavi said, “my dad’s sister’s partner is a cousin of Mr. Jacob’s wife.”

He nodded in agreement. “As I said, family. So, where is our last party member?”

“Oh,” I hadn’t thought to check my messages. There wasn’t an update from him but as we talked a generic white car, maybe a Ford, pulled into a spot and I saw Clarence Marshall get out. He was younger than I with dark curly hair, dark-skinned with very anglo features. I was guessing he had a variety of racial types in his family tree and he looked like he wasn’t long out of college. His suit looked off the rack but he was smiling and greeted us warmly.

“Good morning everyone! Mary!” He shook her hand with familiarity and then turned to Kozinski, “Mr. Kozinksi, a pleasure to be working with you.”

“Please, call me Jacob.” Jacob Kozinski looked at his watch. “It is ten until Lavi’s appointment, let’s go on in.”

We headed to the front entrance, Jacob in the lead. He seemed like he was used to people following him and he probably was. I hadn’t been inside an actual high school since I’d been a senior at one. The place was massive and nothing like I remembered. The front doors were huge and once we went in there was a woman behind security glass asking our names and giving us a clipboard to sign in while she passed out visitor badges. We were buzzed through a side door and found ourselves in something that seemed a lot more familiar. A large counter dominated the room and mailboxes occupied the wall behind it with an older woman and a young boy who looked high school age himself there.

Melissa waved, “Mrs. Blackman, Terry.”

The older woman looked at us and smiled, “What can I do for you, dears?”

“We are here for a meeting with Mr. Escobar,” Jacob said.

Terry eyed all of us, “I’ll let Mr. Escobar know...”

Mrs. Blackman interrupted, “Oh, don’t worry about that dear, just let them through, they have an appointment, after all. Right over there.” Her attitude was dismissive as if she couldn’t even think why it would matter but she reached out and put her hand on the phone before Terry could reach for it. “Terry, why don’t you go start sorting the mail, I’m sure that will have taken you this whole period, right dear?”

He nodded, said “Yes, ma’am” and almost scurried out.

She pointed at a door that said “Mr. Escobar ‘‘ on a nameplate. I tried to smile at Mrs. Blackman. I don’t know why she was doing it but sending us through uninvited was perfect. She smiled back and I got the feeling she was having fun. I’m glad someone was.

We went in. The office was large, ridiculously large. You’d have thought it was for a CEO of a major corporation. It had windows that wrapped around the corner giving an impressive view of the school grounds. Jacob strode in, looked at the small meeting table, immediately walked over to it, opened his backpack, and started taking out paperwork.

Vincente Escobar was a Latino somewhere around my age with a crew cut and a mustache that would have made a 70s porn star proud. He stood as we entered, “Excuse me...”

Jacob waved and smiled, “We are here for the ten o’clock meeting regarding Ms. Heller and...” he trailed off and gestured to Heyman who finished by saying, “Ms. Milton.” She took up a position next to Jacob and began laying out her paperwork and a digital recorder. She continued, “We are a one-party consent state but just to let you know I will be recording this meeting.”

Escobar glanced down at his phone as if he was trying to figure out why it hadn’t rung. As agreed in advance Marshall and I walked over to the chairs that sat in front of Escobar’s desk and pulled them to the side away from the table and took seats where Escobar would have to sit awkwardly to look at us while still facing everyone else. He glanced at us and did a double-take when looking at Marshall.

Marshall gave a warm smile, “So good to see you again Mr. Escobar.” Peter had done some research and found that Escobar had gotten divorced less than a year ago. Clarence Marshall had handled the divorce for the then Mrs. Escobar and although this was outside his usual work he knew more about Escobar than Escobar would be comfortable with. He had been critical in giving us advice as to Escobar’s personality when under stress. He had initially not wanted to take this kind of case but the chance to rub elbows with Jacob Kozinski had changed his mind. The fact that Kozinski’s staff had couriered over a research packet that gave Marshall a one-day crash course helped too.

Escobar began to figure something was up and changed his stance. He went from annoyed to wary and looked to Jacob and Heyman. “Mr. and Mrs. Heller?”

“No, Lavi is a legal adult and doesn’t need her parents present. I’m Jacob Kozinski of Kozinski and Phillips, I’m representing Ms. Heller. My associate is...” he passed it again to Heyman who continued, “I’m Mary Heyman, counsel with Bearing, Greyson, and Smith. I will be representing Ms. Milton.”

Without giving Escobar time to respond Marshall chimed in, “And of course we know each other Mr. Escobar, I will be representing Mr. Carlo here in his consideration of a defamation lawsuit against the school.”

“What!?”

Now the phone on his desk rang. His right arm visibly twitched. He picked it up, listened, and said “send her in.” So, Mrs. Blackman had called this time. Interesting.

Richardson walked in. She was wearing a track outfit and it was my first time meeting her up close. Her hair was close-cropped and silver. She was solidly built and had a completely neutral expression though she paused in the doorway longer than necessary. She nodded and said, “Melissa, Lavi,” and then turned to Escobar, a question in her voice, “Vincente?”

Marshall intercepted the query by walking up and offering his hand. “Mrs. Richardson, a pleasure, my name is Clarence Marshall. Here,” he handed her a well-populated folder, “oh, yes, Mr. Escobar, here I have one for you as well.”

Richardson, “What are these?”

“These are signed statements from Ms. Heller, Ms. Melissa Milton, Mrs. Linda Milton, a Ms. Combes, a Ms. Adjani, Mr. Turner, Mr. MacMahon, and Mr. Peebles as to statements made by Mrs. Richardson in public during a school event while acting as a school employee. We have just cause to believe these could cause harm to Mr. Carlo. There is also a copy of the preliminary complaint though it has not been filed yet.”

Jacob, “Clarence, let’s let these folks get seated, they’re still on their feet.” He spoke with the tone of scolding Clarence gently like the elder there to oversee everything. “Now we have neglected some introductions. Mr. Escobar, if I may call you Vincente, Vincente, this is Robert Carlo.”

I reached out and shook his hand, “Vincente, I wish we could have met under more pleasant circumstances but hopefully we can work this out.” I also put out my hand to Mrs. Richardson. She took it and I shook her hand without comment. Then she and Escobar took seats at the table with Lavi, Melissa, Kozinski, and Heyman. Marshall and I sat to the side.

As he sat Escobar puffed his chest out and adjusted his tie, “I agreed to this meeting with Mr. and Mrs. Heller so I’m not sure what this is about.”

Lavi, “Oh, mom was just forwarding a message. I have retained Mr. Kozinski to handle this.”

Escobar, “Now, Lavi, don’t you think bringing in an attorney is going to make this unnecessarily confrontational? This isn’t a courtroom.”

Lavi smiled gently, a look that I knew was artificial, “Mr. Escobar, thank you so much for your kindness, but given how things happened Friday night I think I need to be careful how I respond to the school’s actions.”

“Or, lack thereof,” added Jacob.

Escobar seemed to take this as a cue to be stricter, “This isn’t a court proceeding,” he looked at Jacob, “I don’t have to allow this meeting.”

Jacob looked at Escobar and put his pen down that he had started making notes with, “Mr. Escobar, the Supreme Court ruled in 1975 that students are granted the right to due process in disciplinary matters and given the ad hoc way that things have been done I have a concern about an abridgment of Lavi’s rights. If you require us to leave we will proceed directly to filing our complaints. I have a junior associate at the courthouse doing other work. He has copies.” He looked Escobar directly in the eyes. “They will be filed before we turn our visitor badges back in. Do you want to talk first or not?”

“Is that a threat?” There was heat in Escobar’s voice.

“No, a threat has hostile and damaging intent. My only concern is the rights of Ms. Heller.”

Escobar straightened his tie, again. “Very well.”

Kozinski, “So, let us review what happened. Lavi, we have your statement but can you refresh us...”

Lavi sat up a little extra straight, “Sure, Melissa and I were sitting on the bus about midway to the back. We were talking and doing stuff on our phones. She was playing a game, one of those word games she likes,” Jacob made a move on gesture, “okay, so we were there when the team was making rude comments about Jerry. Jerry is Melissa’s ex-boyfriend.”

“This was before her relationship with Mr. Carlo?” Jacob asked for clarification. Richardson and Escobar both glanced at me.

“Right, and mine since I guess that’s relevant. So, she broke up with Jerry and...”

Jacob, “Hold on, can you clarify that last statement? About your relationship?”

“Oh, uh, I’m in a relationship with Melissa and Melissa is in one with Robert and I’m in one with Robert. Does that help?”

“And this relationship is well known?”

“I think so. I mean we had other girls from the squad over during the summer and told everyone so that no one was like, you know, had a problem with it.” Lavi was clearly a little nervous.

“And did anyone?”

“Yeah, two girls at first, and then one continued to not want to come over.”

“And this was to Mr. Carlo’s house?”

“Yeah, we were practicing there.”

Escobar, “Excuse me, this is the first I’m hearing of this. There was a squad practice at this person’s house?”

Richardson chimed in, “No, absolutely not. The girls got together and practiced but I didn’t know anything about it. It wasn’t a school thing, just them getting together.”

Jacob nodded. “Agreed, let us be clear it was not a school event so it wasn’t a squad practice per se.”

Escobar nodded agreement. Lavi continued, “So, we’ve kept this out of school. Melissa and I don’t hold hands or anything but it’s gotten around of course. And the guys on the bus were giving Jerry all this ‘you turned your girlfriend dyke’ crap.”

Heyman intruded, “Lavi, in your opinion was this taunting meant to invoke a response from anyone.”

“Oh definitely, they were winding Jerry up.”

“What about you and Melissa?”

“I don’t know if it was aimed at us but clearly we were part of it and it wasn’t nice.”

Jacob, “How did you respond?”

“We ignored it at first, then Owen and Grace were telling them to knock it off and they just kept at it. So, Melissa stood up for Jerry, and then Chris came up and grabbed her arm. She tried pulling away and I felt her bump against me but he held onto her arm and then said something about her partying with him later since she still liked guys and was pulling her arm towards his, uh, groin and so I grabbed his arm and, well, you know the rest.”

“What she means,” Richardson said, “is that she punctured his arm and cut him up.”

The older lawyer didn’t look up from his notes. “Is that correct, Lavi?”

“Yep. Not half of what I could have though. He let go of Melissa then so I let go of him too.” She didn’t look ashamed, not one iota, and I wanted to hug her. Richardson however seemed taken aback.

Some invisible signals passed between Jacob and Heyman because then she took up the baton. “Now Melissa, can you describe what happened?”

Melissa had her hands in her lap and answered quietly, her hair in straight sheets. “It’s just what Lavi said. I had been trying to get Chris to back off Jerry, then T’wana made that comment...”

Heyman interrupted, “Excuse me, Melissa, what comment was this?”

“Uh, it was kind of crude.”

“Please.”

“All right, well, I was trying to stand up for Jerry because they were making comments about his, well, masculinity, and throwing out comments about Lavi and I being gay which we were blowing off and then T’wana made a comment about us still liking dick, uh, her words, sorry, because we were getting screwed by some, as she put it, old guy.”

Heyman put on a soft expression clearly meant to put Melissa at ease, “I hate to ask this but were the comments accurate? Not the tone, that was clearly meant to be injurious but is there anything factual we need to address?”

“No, no, I mean I do have a,” she paused while shrugging, “physical relationship with Robert so clearly I’m not gay, and I have one with Lavi so I’m not straight. I mean they were being jerks and trying to get a rise out of us but I’m used to them acting like children.” Melissa spread her hands as if to say this is all obvious.

“So,” Heyman looked very interested, “when you say you are used to it, would you say there is a persistent culture of harassment on the school trips that you and other cheerleaders have been exposed to?”

Escobar held his hand up in objection, “Hold on, the definition of harassment has not been met here...”

Heyman cooly turned her attention to him, “As you said, Mr. Escobar we are not in a court but we can return to that if necessary. Now, Melissa, has it ever gone past verbal provocation?”

Melissa perked up, “Oh yeah. I mean it’s not like fights haven’t happened before. It hasn’t been anything major but punches have been thrown.”

Jacob held up a hand to get Heyman’s attention, “May I?” Heyman nodded assent. “To your knowledge has anyone ever been suspended from these fights?”

“No.”

Jacob pressed, “Was anyone ever injured?”

“Tommy, he got a black eye my sophomore, his junior, year. He ended up quitting the team not long after.”

“Was this on the bus?”

“No, it was actually in the locker room at a home game.”

“What about the person who hit him?” Jacob continued to write.

“That was Jason. He was chewed out and the coach made him do towels and clean showers for a few weeks.”

“So, to your knowledge, he was not suspended.”

Escobar held up his hand, “This is hardly pertinent. She doesn’t even know if this Jason was suspended or what happened in their disciplinary action as that is confidential.”

Melissa looked daggers at Escobar, “I would have known if he was suspended during a review and that didn’t happen.”

Escobar, “I hardly think”

Melissa didn’t back down one tiny bit. “Tommy is my brother. I would have known if he hadn’t gone to school after that and I kept very close track of what happened to the bigot who hit him.”

Heyman acted surprised though we’d been over all this yesterday, “Bigot? What do you mean by that?”

“They were giving Tommy a hard time because he had come out as gay recently and they were pushing him around saying they didn’t want a fag on the team.”

Richardson, “You weren’t there, you don’t know that.”

“Well, I may not have been on the bus since we were JV but I know what happened. Tommy went to track not long after. He’s running for State now.”

“So,” Heyman asked, “would you say there is a history of discriminatory action against sexual orientation on the football team?”

“Absolutely.”

Escobar looked like he wanted to say something but held it in.

“All right,” Heyman continued making notes, “can you tell us now what happened with Chris?”