Solomon versus Lord

Forty-five
HERBERT SOLOMON'S SON

Standing in front of the bench, Zinkavich announced formally: “Jack Zinkavich for the people of the State of Florida.”

Not all of them, Steve thought, as his partner got to her feet.

“Victoria Lord, on behalf of Stephen Solomon.”

Just little ole me, Steve thought.

They were in the cramped courtroom of Judge Althea Rolle. The judge was a petite black woman with a streak of gray in her tightly cropped hair. Two teddy bears sat on her desk. Drawings by sixth graders covered the walls. Dozens of snapshots were taped to a blackboard, the judge posing with happy families who had just adopted children. There would be no jury here; Bobby's fate was entirely up to Judge Rolle.

The lives of Juvenile Court judges were schizophrenic, Steve figured. They packed off troubled teens to Youth Hall in delinquency proceedings. They handled the gut-wrenching cases known as TPRs-Termination of Parental Rights-yanking kids away from abusive or neglectful parents. And occasionally they brought joy to families who adopt children no one else wants.

Like Jack Zinkavich, Family Services poster boy.

The judge looked up from her file, studied Steve a moment. “You wouldn't be Herbert Solomon's son, would you?”

“Guilty, Your Honor.” Steve was used to the question but never knew what to expect next. Sometimes there would be a sad shake of the head, sometimes a scowl, and sometimes…

“What a wonderful man.”

Steve eased out a breath.

“A judge with a heart,” she continued.

“Ex-judge,” Zinkavich piped up, an open box of Krispy Kremes on his table. Steve spotted a dulce de leche-a top seller in Miami-a cinnamon twist, and an iced donut, with its dark little rim around the top, like a chocolate yarmulke. Salivating, he realized he'd violated one of his own rules-he'd skipped lunch-and dinner was hours away.

“I was so sorry when I heard about your father's troubles, Mr. Solomon,” the judge said. “Would you give him my best wishes?”

“I'll do that, Your Honor,” Steve said. “Thank you.”

Zinkavich cleared his throat. “Judge Rolle, may I inquire into the extent of your relationship with the Petitioner's father?”

“I never slept with him, if that's what you mean.”

Zinkavich's head jerked back, causing his several chins to jiggle. “Of course not. I just meant-”

“But if he'd asked me, I don't know what I'd have done.”

“I just wondered how close the two of you were,” Zinkavich said.

“How many cases you try before me, Z?”

“Twenty-five or so.”

“Am I always fair to you?”

“Yes, ma'am. You usually rule with me.”

“Yes, I do, even though you're a royal pain in the butt and a total weenie.”

“Yes, ma'am.”

“You win, Z, because Family Services almost always has the best interests of the child at heart, and that's my sole consideration.”

“I understand, ma'am.”

“Now, I've never met Mr. Stephen Solomon and I don't care if his father's the Prince of Wales. You understand that?”

“I think so, Your Honor.”

“So while I have a little colloquy with the gentleman, why don't you just stuff your mouth with a double-glazed?” Judge Rolle turned to Steve and softened her tone. “We're a little less formal on this side of the river.”

“I see that, Judge.”

“Broke my cherry with your father.”

“Beg your pardon…?”

“Tried my first case before Herbert Solomon. You never forget your first one.”

Or your last, Steve thought.

“Auto accident case,” the judge continued. “Ink wasn't dry on my diploma, and I couldn't get a shred of evidence in. Every question, these two snippy insurance lawyers would hop up and object. ‘Irrelevant.' ‘Hearsay.' ‘Improper predicate.'”

“Old trick,” Steve said, “to rattle a young lawyer.”

“Your daddy kept sustaining their objections in that sweet drawl of his. ‘Ah wuz you, Miss Rolle, ah'd rephrase that question.' Finally, he called us up to sidebar. I thought he was gonna ream me out for being incompetent, but instead he turned to those white boys and said, ‘Ah'd like to hear the little lady's questions, so y'all crackers shut your traps, 'cuz your next objection lands you in contempt.' That shut 'em up real quick.”

“Sounds like Dad,” Steve said.

“He didn't always follow the letter of the law but he sure adhered to its spirit. I like to think I do the same.” She opened a file, then turned to Zinkavich. “Now, why does the state say the petitioner should not be granted guardianship of his nephew?”

Zinkavich didn't bother standing up. “Because Mr. Solomon is incapable of caring for a special-needs child. Because he has prevented testing and treatment of the child that our experts have determined to be necessary.”

The child, Steve thought. As impersonal as a lawsuit over property. Had he reminded Victoria to refer to Bobby by name?

“Because Mr. Solomon exposes the child to inappropriate adult materials,” Zinkavich droned on. “And because he has violent propensities and committed serious crimes when he acquired de facto custody.”

“You can prove all of that?” the judge asked. She seemed taken aback, Steve thought. Maybe shocked to learn that Herbert's son might not measure up to his father. She wouldn't be the first to reach that conclusion.

“Every word, Your Honor.” Zinkavich seemed to swagger, even though he was sitting down. “Indeed, we will prove that granting Mr. Solomon guardianship rights would violate both the letter”-he showed a self-satisfied smirk-“and the spirit of the law.”

“Don't suck up to me, Z. Ms. Lord, I take it you disagree with the state's characterization of your client.”

Victoria stood. To Steve, she looked nervous. On unfamiliar ground. A new judge, new legal issues, and a ton of responsibility.

“Steve Solomon is wonderful with Bobby, Your Honor,” she said. “Sensitive, loving, and nurturing. It's true that Bobby has special needs, but he also has special gifts. In the course of the case, you'll hear from Bobby so that you can appreciate the marvelous way his mind works.”

Right, Steve thought. How many kids know twenty-six synonyms for “penis” and twenty-six for “vagina,” each starting with a different letter?

“You'll see how much Steve cares for Bobby and how much Bobby cares for him,” Victoria said. “By the close of our case, I think you'll agree that Steve Solomon is a terrific lover.”

“Lover?” the judge said.

“Father,” Victoria said, blushing. “I meant ‘father,' of course.”

“Of course. Okay, Ms. Lord, let's take some testimony.”

“Petitioner calls Dr. Doris Kranchick as an adverse witness,” Victoria said.

Doris Kranchick stomped through the swinging gate of the courtroom as if advancing on goal. Her hair was pulled back, and her only makeup was a pinkish powder intended to cover the scar than ran down her cheek but only served to accentuate it. She wore plain black flats, a no-nonsense suit, and a white blouse with a frilly white bow that Steve figured was Zinkavich's attempt to soften her appearance. It worked about as well as a tiara on a plowhorse.

Victoria used a friendly, conversational tone, something Steve thought he should try sometime. She asked Kranchick about her educational background, running smoothly through college, medical school, her internship, residency, and fellowships. She complimented the doctor on her stellar academic record and noted how extraordinary it was to also be a champion athlete. The two women spent the next few minutes chatting about lacrosse.

“I still play the sport,” Kranchick said proudly. She slipped a hand in each suit pocket and pulled out two yellow balls.

The only balls Doris Kranchick was likely to ever hold, Steve thought.

Victoria moved on to the monographs Kranchick had written, the studies she'd directed, the programs she initiated at Rockland State Hospital. It was all very relaxed, the litigation equivalent of a base runner lulling the pitcher to sleep before stealing a base. Then, the preliminaries over, Victoria asked: “Precisely what is Bobby's medical condition?”

“I can't say precisely, because Mr. Solomon won't agree to a complete examination.”

Score one for the All-American point on defense, Steve thought.

C'mon, Vic. Don't let her rattle you.

“Then tell us what you can about Bobby's condition.”

“Robert is a high-functioning savant with autistic characteristics of unknown origin. He is fearful of strangers, given to episodes of hysteria, and insufficiently socialized. As the cause of autism is unknown, it is impossible to determine the source of Robert's malady. However, we do know that he suffered sensory deprivation and malnutrition while in the custody of his mother.” She shot a look at Steve. “That would be Janice Solomon, the Petitioner's sister.”

Guilt by blood, Steve thought.

Kranchick dropped the lacrosse balls back into her pockets. “We need to test Robert to determine whether he suffered central nervous system injuries or merely psychological damage that's reversible in therapy. That's the key to understanding the source of the echolalia, the anagrams, the foreign-language skills.”

Kranchick turned to Judge Rolle. Enthusiastic now. Witnesses always are when you let them prattle on about their passions. “That's what makes Robert so important, Judge. If his right brain was stimulated without CNS damage, maybe we can duplicate that in others with drugs or hormones. I believe we can unlock the Rain Man in all of us. Can you imagine what it would be like to recall verbatim everything you've ever heard?”

“A lot of what I hear I'd just as soon forget,” the judge said, “but I get your point.”

“Let's discuss the Child Protection report you filed with the court,” Victoria said.

“Gladly,” Dr. Kranchick said. On a roll now.

“You make some highly critical comments about Mr. Solomon.”

“Not everyone finds him as cuddly as you do.”

“What's that mean?” the judge interrupted.

“They're engaged.” Kranchick raised her eyebrows, as if she disapproved.

Judge Rolle smiled. “Congratulations. You make a beautiful couple.”

Zinkavich put down a glazed cruller: “My condolences, Ms. Lord.”

“Actually…” Victoria faltered.

“Don't,” Steve whispered to her. But he knew too well that she could no more lie to a judge than strangle a kitten.

“We are not engaged,” Victoria said.

Damn. Just don't try to explain too much.

“Oh?” The judge seemed confused.

Victoria was blushing. “Anymore. We were. Then. But now we're not.”

Ker-flumping. Sure sign of the rookie prevaricator.

“And that big rock on your finger?” the judge asked.

“Now I'm engaged to someone else.”

“Proves my point,” Kranchick said to the judge. “Mr. Solomon is undomesticated and incapable of sustaining a relationship.” She turned to Victoria. “I hope it's Mr. Bigby. I preferred him from the get-go.”

“All right, let's get back on track,” the judge said sternly. “Doctor, I'm interested in Mr. Solomon's abilities as a potential parent, not a potential spouse.”

“Mr. Solomon's utterly ill equipped to care for Robert, Your Honor. The boy needs testing and therapy in a controlled setting. Rockland State Hospital would be ideal for him.”

Her cheeks still red, Victoria asked: “Do you perform behavioral therapy at Rockland?”

“A bit. But we really don't have adequate staffing for much of that.”

“Even though one-on-one behavioral therapy has proven to be the best treatment for autism.”

“Perhaps you could tell that to the governor and get us additional funding. Until then, we'll be content to be in the forefront of the most aggressive new therapies.”

“Drug therapies?”

Nice segue. Now go for it.

“Drugs, vitamins, hormones.”

“Tell us about them.”

“Megadoses of magnesium and vitamin B6, plus some new synthetic polypeptides.”

“And the results?”

“Limited success so far. That's why we continue to work so hard.”

“Just so we're clear, what you call ‘therapy' really means testing with experimental drugs, doesn't it?”

“When drug therapy succeeds, it turns out to be quite therapeutic,” Kranchick said.

Damn. The doc's no pushover.

“And when it fails?” Victoria pounced. “What does that turn out to be?”

“Objection. Argumentative.” Zinkavich wiped his cinnamon-coated mouth.

“Overruled,” Judge Rolle said.

“Therapy that fails is the first step to finding what succeeds,” Kranchick said, not backing down.

She's really good. But you're better, Vic. Go get her.

“What about giving autistic children Replengren?”

That stopped Kranchick. She seemed to give great thought to her answer.

Steve prayed that she wouldn't lie. If she lied, they couldn't disprove it.

“Replengren has not yet been approved by the FDA,” Kranchick said evenly.

She didn't lie. She also didn't answer the question. Keep going, Vic.

“It's unapproved because Replengren impaired motor skills in lab rats, correct, Dr. Kranchick?”

“At extremely high doses, far higher than would ever be given to humans.”

“Which brings us back to the question: Do you give Replengren to human patients?”

“At Pedro Mallo, in Buenos Aires, we used Replengren in some strictly controlled human tests, with promising results.”

She's still not answering. Did you notice that, Judge?

Victoria said: “My question has nothing to do with Buenos Aires. Do you give Replengren to patients at Rockland State Hospital in Fort Lauderdale, where you are bound by FDA rules?”

Kranchick's cheeks turned pale, which seemed to brighten her old lacrosse scar. “In a perfect world, you'd never have experimental drugs. You'd plug data into a computer, and out would come the cure for every disease. In a perfect world, every parent would have the resources for the best medical care. Every autistic child would have one-on-one therapy. But the world's not perfect.”

The judge cleared her throat. “Dr. Kranchick, you're not being responsive to the question.”

Zinkavich got to his feet so fast, he knocked a half-eaten cinnamon twist to the floor. “Your Honor, perhaps this is a propitious time for a recess.”

Nice move, Fink. Throwing a life preserver to your witness.

“It's a propitious time for you to sit down and clam up,” the judge told him.

“Doctors must take risks,” Kranchick said, her high forehead beaded with sweat. “Parents should consider the greater good. Sabin gave polio vaccine to prisoners in the 1950s. Some contracted polio, but thousands of children were spared the disease. Same thing with malaria and yellow fever. If it were up to me, all prisoners would be subject to medical tests.”

Victoria moved closer to the witness stand. “We're not talking about prisoners. We're talking about an eleven-year-old boy.”

“We can learn so much from Robert. Children have duties to society, too.” She slipped a hand into a pocket, brought out a lacrosse ball, reached into the other pocket, brought out the second ball. If things heated up any more, Steve figured he should be ready to duck.

“If Solomon weren't so damn selfish, we could have worked something out,” Kranchick said. “But he wouldn't hear of it. ‘Don't stick needles in little Bobby.' No, he's too precious for that. Stick the needles in someone else. No one wants to take the risk. Everyone just wants the benefits.”

Zinkavich fished for an objection, couldn't find one, and said: “Your Honor, could I have a word?”

“Zip it, Z,” the judge said.

“I ask you this, Ms. Lord,” Kranchick rolled on. “What if a child had rare antibodies in his blood, antibodies that could save lives? Wouldn't there be a duty to give blood? Same thing with Robert. Do you know how rare his condition is? I've never seen a subject like him.”

“‘Subject'?” Victoria said. “Like a guinea pig. Like a lab rat.”

“That's just semantics. That's what you lawyers do. You sound just like Solomon. Maybe you should marry him.”

Now both balls were in one hand, banging against each other.

And just who stole the Replengren, Captain Queeg?

“Replengren,” Victoria said. “You still haven't answered the question. Do you administer an unapproved drug to the children at Rockland?”

“The FDA could rule at any time. Tomorrow, the next day, the drug could be approved.”

“And in the meantime?”

The balls click-clacked against each other. “Where would I even get it?”

One last delay. Fighting to the end, the last defender at the Alamo. And speaking of Mexico…

“From Carlos,” Victoria said. “From San Blas Medico. Guadalajara, Mexico. Isn't that where you buy the drug?”

Kranchick opened her mouth-a dark, empty cave-but nothing came out.

Judge Rolle cleared her throat. “Doctor, do you understand the question?”

Still nothing.

“Doctor-”

“Yes, goddammit! I use Replengren, and someday they'll thank me for it. Someday they'll call me up to the stage and give me a shiny piece of metal because I had the courage to say the earth was round when all the fools said it was square. I sit with these families. I see the heartbreak, the shattered lives. Does Stephen Solomon give a damn about that?”

“He gives a damn about Bobby,” Victoria said.

“You don't get it! He doesn't get it. Those prisoners who took the polio vaccine, the ones who got malaria and yellow fever-they're heroes. Robert could be, too. Most likely with no harm to him at all. He could change thousands of lives. He could be the link we're looking for. That's what I'm after. What's so goddamned wrong with that?”

“What's wrong,” Victoria said, “is that you don't get to choose the heroes, Dr. Kranchick. The heroes choose themselves.”