“To put it as bluntly as I can, Your Honor, Miles Van Meter needs your ruling appointing him Casey Van Meter’s guardian so he has legal authority to kill his sister.”
“That’s outrageous,” Miles shouted.
“Are you telling the court that you don’t want to pull the plug on your sister’s life-support machines?” Botteri challenged Miles.
“Your client never loved my sister. He’s only after Casey’s money.”
“Gentlemen,” Judge Gish said as she rapped her gavel for order.
“I have support for our position,” Botteri said. He took several sheets of paper out of his attaché, handed one to Monte Jefferson, and walked to the dais.
“This is an affidavit from Dr. Stanley Linscott, Casey Van Meter’s treating physician. It recounts a conversation in which Mr. Van Meter asked about the steps he would have to go through if he wished to have my client’s wife taken off life support.”
“May I see a copy of that affidavit?” Jerry Philips asked. While Miles and Botteri were arguing, he and Ashley had passed through the bar of the court. Miles turned and saw Ashley. He stared at her for a moment. Then his jaw opened in surprise.
“Who are you?” Judge Gish asked.
“Jerry Philips, Your Honor. I represent Ashley Spencer, who also wishes to be appointed Ms. Van Meter’s guardian and conservator.”
“What is the basis of your client’s request, Mr. Philips?” the judge asked.
“Ashley Spencer is the daughter of Casey Van Meter, her only child.”
Miles gaped at Ashley, then engaged in a frantic whispered conversation with his lawyer. Shock also registered on Randy Coleman’s face.
Jerry Philips handed several documents to opposing counsel and the judge. “This is Miss Spencer’s petition asking to be appointed as her mother’s guardian. Attached to it is a signed affidavit from Henry Van Meter outlining the facts that support Ashley Spencer’s claim that she is Ms. Van Meter’s daughter. I have attached other documents supporting the claim.”
Coleman and his lawyer engaged in a heated conversation as they read through the documents Jerry had given to them. When they finished, Botteri addressed Judge Gish.
“My client tells me that his wife never had a child. This woman’s mother is Terri Spencer. She was murdered at the same time Casey Van Meter was beaten into her coma.”
“Terri Spencer did raise Ashley as her daughter,” Philips said, “but Casey Van Meter is Ashley’s biological mother.”
“Mr. Jefferson, what do you have to say?” the judge asked.
“This is the first time that my client has heard Ms. Spencer’s claim.”
“But it’s not the first time that someone in your firm has been aware of the fact that Miss Spencer is Casey Van Meter’s daughter.” Jerry handed copies of a motion for discovery to the judge, Jefferson, and Botteri. “You and Miles Van Meter are both in the Brucher firm, aren’t you?”
“Yes,” Jefferson answered as he scanned the document. “The firm has always handled the Van Meters’ business and personal affairs.”
“Norman Spencer, Ashley’s father, had a summer love affair with Casey Van Meter when they were in college. Ms. Van Meter became pregnant but she kept this fact from Norman. Henry Van Meter arranged for Ashley to be adopted. Norman found out and hired my father, Ken Philips, to fight for Ashley. After negotiations with Henry and his attorney, Norman Spencer was permitted to adopt Ashley in secret. Anton Brucher and your firm handled the matter. I want the court to see the files. They should prove that Ashley Spencer is Casey’s daughter.”
“These files would be so old that they might not exist anymore,” Jefferson said. “And even if they do exist, I can’t agree to turn them over. They’re protected by attorney-client privilege.”
“Where would your firm keep them, if they do exist?” the judge asked.
“There is a company that specializes in storing business files. They own a warehouse. Our closed files are stored there.”
“I want you to look for the files and tell the court if they exist,” Judge Gish said. “If they do, and your client doesn’t want to turn them over, make your legal arguments and we’ll go from there.”
“Good enough, Judge.”
“Now, I want everyone to sit down while I read the papers Mr. Philips and Mr. Botteri have handed me, and I don’t want to be interrupted.”
The parties waited while Judge Gish read the documents. When she was done, she removed her glasses and massaged her closed eyelids.
“And I thought that I was going to have an uneventful day.”
The judge replaced her glasses and looked at the litigants.
“This is much too complicated to decide this morning.”
“I’ve been thinking, Judge,” Botteri said. “A DNA test would settle the question of Ms. Spencer’s relationship to Casey Van Meter.”
The judge turned to Ashley’s lawyer. “Mr. Philips, would your client be willing to have her DNA tested to clear up any questions of maternity?”
Jerry and Ashley conferred for a moment. Then Philips addressed the court.
“Miss Spencer has no problem with the test, Your Honor.”
“All right. I am going to adjourn to give Mr. Jefferson time to find the files and Miss Spencer a chance to take a DNA test. I want the parties to agree on the procedure and what lab will do the testing. When the parties are ready, notify me and we’ll set a new date for the hearing.”
As soon as court was adjourned, Randy Coleman and his attorney left the courtroom followed by Monte Jefferson, but Miles stayed behind.
“Jerry,” he said, nodding to Philips. Then he smiled warmly at Ashley.
“It’s so good to see you.”
“I heard about your father.” Ashley said. “I’m sorry he passed away. He was very kind to me.”
“He was very fond of you, Ashley. He really worried when you disappeared. We both did.”
“I didn’t mean to upset you. I didn’t want to worry anyone. I…I just had to go.”
“I understand. Where have you been?”
“Overseas,” Ashley answered evasively, still unwilling to trust anyone with any information about her hiding place in case she had to return to it.
Miles looked her over and smiled. “Well, the five years haven’t hurt. You look great. I like the hair.”
Ashley smiled. “Thanks.”
Miles glanced at his watch. “I have to go back to my office for a meeting.” He paused, as if he’d just gotten an idea. “Would you like to have dinner tonight? I’d like to catch up on what you’ve been doing.”
“I don’t think that’s a good idea,” Jerry said.
“Why?” Ashley asked.
“You shouldn’t be socializing. You’re adversaries in this lawsuit.”
“We may also be relatives,” Miles said to Jerry. “This claim of yours has been a total shock to me, but I couldn’t be happier if it’s true.”
“I would like to talk to Miles,” Ashley told Philips. “It’s just dinner. I’ll be okay.”
Miles handed Ashley and Jerry business cards. “You two talk this over. I don’t want to do anything improper. If you want to have dinner with me tonight, give me a call.”
Miles headed up the aisle. Jerry watched him until he was out of earshot. They both cast nervous looks at the reporter and Larry Birch, who were walking in their direction.
“If you talk to Miles, remember that you’re on opposite sides in this case.”
“Don’t worry. Miles has always been nice to me. I don’t think he’d try to take advantage.”
“You have no idea what he’ll do now that you’re adversaries.”
“I’ll be on guard, okay?”
Jerry blushed. “Sorry, it’s the lawyer in me.”
“I’m glad you’re looking out for my interests.”
The reporter appeared at their shoulder and cleared her throat.
“Ashley, my name is Rebecca Tilman,” she said. “May I ask you a few questions?”
“Miss Spencer is not going to grant an interview now,” Jerry said. “If she decides to, we’ll contact you.”