Jimmy (3 page)

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Authors: Robert Whitlow

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BOOK: Jimmy
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“But he believes they're real?”

“Yes.”

Mr. Laney looked down at the paper in his hand. “Any other abnormalities?”

Dr. Paris shook her head. “Not to my knowledge.”

“That's all,” Mr. Laney said.

The judge looked at Daddy. “Any redirect of this witness?”

Jimmy wondered if Daddy was mad at him for telling Dr. Paris about the Watchers. Daddy directed his attention toward Dr. Paris.

“Dr. Paris, do you believe Jimmy knows the difference between his interaction with the imaginary world and what takes place in this
one?”

“I'd better stick to my comment that he relates to people and reacts to normal stimuli in a manner consistent with his IQ results. There is always the possibility that a person with pervasive hallucinations and delusions will eventually cross into the fantasy realm and stay there. I can say with confidence that this has not happened with Jimmy. If it had, he would exhibit radically different behavior on a regular basis.”

“Do you have an opinion whether Jimmy's delusions would prevent him from hearing and relating information from the real world in a truthful way?”

“I think he could remember events or conversations and tell you the truth about them.”

“No further questions.”

Daddy sat, and Jimmy took a deep breath. Daddy didn't sound mad, but sometimes it was hard to tell.

“Anything else, Mr. Laney?” the judge asked.

“No, sir. I think we've heard enough.”

Dr. Paris left the witness stand.

“Mr. Mitchell?” the judge asked.

“Your Honor, I'd like to give you an opportunity to talk to Jimmy.”

“I think that's in order. Proceed.”

Daddy came over to Jimmy.

“Come sit in the special, uh, I mean witness chair.”

Jimmy looked at Mama, who nodded her head. “Go ahead.”

Jimmy stood but didn't move. He glanced around the big room. Mr. Laney, Mr. Robinson, Dr. Paris, Sheriff Brinson, and Jake Garner were all staring at him. He wished he had a cap to wear, but Mama said it wasn't polite to wear caps indoors.

“Why is everyone looking at me?” he whispered to Mama. “I don't like being here.”

Mama turned to Daddy and spoke in a low voice. “Lee, are you sure about this?”

“Ellen, a man's freedom is at stake.”

Daddy grabbed Jimmy's right hand and led him to the witness stand. Jimmy knew not to resist.

“Sit in the chair,” Daddy commanded.

Jimmy swallowed. The wooden chair rocked slightly. When he leaned back, it shifted so suddenly that he thought it might tip over.

“Uh-oh!” he cried out.

“Be still,” Daddy said. “The chair will hold you. It's attached to the floor.”

Jimmy peered beneath the seat. Sure enough, the chair rested on a single leg that disappeared into the floor. He rocked back and forth more gently and adjusted his body in the seat. It was nicer than the bench where he'd been sitting with Mama, but he still wanted to be with her.

Daddy walked over to the table where Jake Garner sat and began gathering some papers. Jimmy scanned the courtroom. The large, high-ceilinged room had rows of benches. It reminded him of church. He never said anything out loud in church since the time he asked Mama why the woman who sat in front of them every Sunday never put any money in the offering plate. Mama put her hand over his mouth so tightly that he had trouble breathing.

“How do you like it up there?” Daddy asked in a softer voice.

“It's okay,” he said, “but I don't want to talk with everybody looking at me.”

Daddy patted him on the arm. “People are supposed to talk when they sit in the witness chair. That's why Dr. Paris answered our questions.”

Jimmy looked at Mama. She nodded her head. Daddy stepped back toward the table where Jake sat.

“Jimmy, do you know Judge Robinson?”

Of course Jimmy knew Mr. Robinson. They attended the same church, and after the Sunday morning service, Jimmy often saw him talking to Daddy beneath the large trees near the main entrance to the sanctuary.

“Yes, sir,” he answered. “But I didn't know until this morning that his first name was Judge.”

The witnesses and observers remaining in the courtroom laughed, so Jimmy did too. He had to admit it was a funny name. No one at his school was named Judge.

“If Judge Robinson asks you to promise to tell the truth, the whole truth, and nothing but the truth, will you do it?” Daddy asked.

This question was hard. Jimmy kept his mouth shut. Daddy spoke again with a slight edge in his voice.

“Answer the question.”

Jimmy leaned forward in the chair. He knew that being polite was always a good response when he felt confused.

“Yes, sir.”

Dr. Paris went over to Daddy and whispered in his ear. Daddy listened for a few seconds. Dr. Paris returned to her seat.

“Jimmy, how old are you?” Daddy asked.

Jimmy relaxed. “Twelve.”

“When is your birthday?”

“My birthday is June 5.”

“When is my birthday?”

“July 14.”

“When is your mama's birthday?”

“My mama's birthday is the day before Christmas. That makes her the best present in the whole world.”

Jimmy smiled at Mama. She came to live in their house the summer after Jimmy turned five. She returned his smile in a way that meant she wanted to give him a hug.

Mr. Laney stood.

“Judge, I've been lenient in not objecting, but we're not planning birthday parties today. I can't see the relevance of this line of questioning.”

Daddy turned toward the judge. “I'm illustrating Jimmy's ability to truthfully relate concrete pieces of information. He's been correct on all the dates he's mentioned thus far.”

“Very well. Move on,” Mr. Robinson said.

“Jimmy, what is a lie?” Daddy asked.

“A lie is a sin. People who tell lies will be thrown into a lake of fire.”

The previous Sunday, Jimmy had listened in fear as Brother Fitzgerald, the preacher at their church, thundered from the pulpit that people who tell lies will be thrown into a lake of fire. Jimmy didn't like regular water and most certainly didn't want to be thrown into a lake of fire.

“Do you think it's bad to tell a lie?”

Mr. Robinson interrupted. “I think he's made that point more clearly than any witness who's ever appeared in this courtroom.”

“Yes, Your Honor.” Daddy smiled at Jimmy. “Can you tell us an example of a lie so we can be sure you understand what it means?”

Jimmy adjusted his glasses. “What's an example?”

Daddy kept calm. “How about the fishing story you told me this morning while we were eating breakfast.”

Jimmy looked puzzled. “You already know it.”

“But Judge Robinson hasn't heard it. He wants you to tell what happened.”

Jimmy looked up at the judge. Mr. Laney spoke. “Your Honor, Mr. Mitchell is turning this trial into a mockery and circus—”

“Quiet,” the judge responded. “I want to hear the fishing story. Go ahead, Jimmy.”

Jimmy took a deep breath. “A man fishing at Webb's Pond the other day told me and Grandpa a lie.”

“What did he lie about?” Daddy asked.

“He came up to talk to Grandpa and said he'd caught a big bass that he was going to put on his wall. While he talked to Grandpa, I took the lid off his bucket and saw there was only one fish in it,
and it wasn't that big. I caught one the same size a couple of weeks ago, and we threw it back. When I asked the man about the fish in his bucket, he got as red in the face as Mr. Laney did a few minutes ago.”

The courtroom laughed again.

“What was the truth about the fish?” Daddy asked.

“That it was a little one. Grandpa said he should have thrown it back into the pond so it could grow bigger.”

“If I ask you some questions, will you tell me the truth?”

“Yes, sir.”

“You won't tell us a fish is big if it's little?”

“No, sir.”

“If Mr. Laney asks you questions, will you tell the truth?”

“Yes, sir.”

“Will you tell us a lie?”

“No, sir. That would be wrong.”

Daddy picked up a black book and held it up for Jimmy to see.

“What is this book?” he asked.

It was black and had gold lettering on the front. Only one book in Jimmy's world bore those markings.

“It's a Holy Bible.”

“Does the Bible tell us things about God?”

That was an easy question.

“Yes. And Jesus too. He is God's Son.”

“Does God want you to tell the truth?”

“Yes, sir.”

Daddy turned toward Mr. Laney. “You may ask.”

Mr. Laney walked up close to the witness stand. He didn't look mad or angry.

“Jimmy, what is an oath?” he asked in a soft voice.

“I don't know.”

“What does it mean to swear to tell the truth?”

Jimmy felt his face get red. He'd heard a boy at school say some strange, new words during recess. When he asked Mama about it, she warned him not to use swear words.

“I don't want to say.”

“Why not?”

“Because my Mama says there are better words to use.”

Daddy stood. “He thinks you're talking about cursing.”

Mr. Laney nodded. “Do you know that the word
swear
has a meaning other than saying a bad word?”

“No, sir.”

“Do you know why you're here in the courtroom today?”

“Because Mama kept me home from school and brought me.”

“Has your father told you what he wants you to say?”

“Yes, sir.”

“Objection,” Daddy said. “This is outside the scope of the court's inquiry into the witness's competency to understand the nature of the oath.”

“Sustained,” the judge said.

“Are you going to tell the truth or what your father wants you to say?”

“Same objection,” Daddy said.

“Overruled.”

“Answer the question,” Mr. Laney said.

Jimmy didn't say anything.

“Do you remember the question?” Mr. Laney asked.

Jimmy shook his head. “No, sir.”

Mr. Laney glanced at his watch and looked up at Mr. Robinson.

“I asked him a question fifteen seconds ago, and he can't remember it. How reliable can he be about more remote events?”

“A good point, Mr. Laney,” the judge replied. “But it goes to credibility, not competency. I've let both you and Mr. Mitchell stray off course on this memory matter, but I remind you that it is not the primary issue in determining whether this young man is competent to testify.”

Laney turned toward Jimmy. “I'll ask you again since you can't remember. Are you going to tell the truth or what your father wants you to say?”

“Both,” Jimmy answered.

Mr. Laney stepped back. “Why do you say both?”

“Because the truth is what my Daddy wants me to say.”

“That's enough, Mr. Laney,” the judge said. “I'm going to rule he can testify.”

“But what about these imaginary people?” Mr. Laney asked. “I want to question him about his ability to distinguish between reality and fantasy.”

“That, too, I will allow on cross, but I don't want to keep the jury waiting any longer. I think Jimmy sufficiently understands the requirement that he tell the truth as best he can.” The judge turned toward the bailiff. “Bring the jury back into the courtroom.”

Jimmy stood.

“Please, stay where you are, son,” the judge said. “We're not finished yet.”

“But I'd like to sit with my mama.”

“Not yet.”

“I'd like to call Dr. Paris to provide background information for the jury,” Daddy added.

“That's not necessary,” the judge answered. “Proceed with the boy's testimony.”

Jimmy looked at Mama. She motioned for him to sit, then put her hands together. That meant she was praying for him.

The people on the jury returned to the courtroom. Mrs. Murdock gave him another big smile. It made him wish again that he could be in her classroom in high school. He guessed she'd be the kind of teacher who found out what students liked to do and made it part of the lessons. The best teachers knew how to do that.

—
Three
—

J
immy, put your left hand on the Bible and raise your right hand,” Daddy said.

Jimmy put one hand on the Holy Bible and raised the other one. He heard a chuckle from the direction of the special seats.

“The other hand,” Daddy said.

Figuring out right and left was hard, especially when looking at something. Jimmy switched hands, putting his left hand on the Holy Bible and raising his right hand high in the air like a student who knew the answer to a question in school. Another round of twitters came from the people in the special chairs.

“What's funny?” he asked.

“Lower your right hand so that it's even with your ear.”

Jimmy carefully lowered his right hand and touched the top of his ear in a sideways salute. Daddy spoke.

“Jimmy, do you promise God and everyone in the courtroom that you will tell the truth?”

“Yes, sir.”

“Is that sufficient language for the oath?” Daddy asked the judge.

“Yes, proceed.”

“Jimmy, what is your name?”

It was Jimmy's turn to laugh out loud. His voice echoed in the large courtroom. At times Daddy could be impatient with him, but his silly question helped Jimmy get over being embarrassed.

Daddy smiled. “Please, tell the members of the jury your full name.”

Jimmy sat up straight and looked at Mrs. Murdock. “James Lee Mitchell III.”

“But everyone calls you Jimmy, right?”

“Yes, sir. It's a lot shorter and easier to spell.”

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