He Asked A Court To Stop The Pages From Being Read
Part 6 · 3 min read ·
The courthouse stairs had gray stone edges, not yellow ones.
I counted them anyway.
June waited at the top with a second lawyer from her office, Caleb Price. The $600 had covered the records work. Caleb agreed to handle the civil case without charging me because it concerned truthful reports to public officials.
He put the fee agreement in writing. I read it before signing.
"Today is his request for a temporary order," Caleb said. "The whole damages case won't be decided this morning. Answer what you're asked."
Rusk stood across the hall with his lawyer. He looked at my work boots, then at the folder in my hand.
"You could have called me," he said.
"I did. Six years ago."
His lawyer moved him toward the courtroom door.
We waited through two other matters. A woman argued about a fence. A man needed more time to answer a debt claim. Each case had a number, and each person had to wait for it.
I found that oddly restful.
When our case was called, Rusk's lawyer said the papers lacked context and could harm his client's reputation. He asked the judge to stop their release while the claim went forward.
"Release to whom?" the judge asked.
"Public bodies, private boards, potentially the press."
"What has Ms. Mercer actually published?"
The lawyer referred to the center's correction.
Caleb handed up the board minutes. The board had published its own finding after hearing several witnesses and reviewing records. I had sent papers to the board, my lawyer, the records office, and the county investigator.
"She has not contacted the press," he said.
Rusk's lawyer raised the issue of military documents.
Caleb showed the receipt listing the copies issued to me and a letter from the records office confirming that I was allowed to hold them. Nothing in our packet was classified or marked for restricted handling.
The judge read both pages.
"Mr. Rusk, are you claiming that you did not initial this acknowledgment?"
Rusk shifted in his chair.
"I signed many things during that emergency."
"That wasn't my question."
"I can't say it isn't mine."
The judge did not declare him a liar. She did not call me a hero. She said he had not shown a basis for the order he wanted.
"An audit cannot work if a witness is barred from supplying relevant records," she said.
She denied his request. The damages claim remained open, with deadlines for both sides to exchange evidence.
In the hall, I leaned against the cool wall.
"Did we win?"
"We stopped today's request," Caleb said. "Now we answer the complaint."
He filed our response. He asked for the supposed donor promise, proof of its loss, and every statement Rusk claimed was false. He also asked for the records behind the new invoice.
I kept working while the deadlines passed. Each Friday, I checked the case with Caleb, then closed the folder until he needed something from me.
I had expected revenge to feel like someone slamming a door. It felt like a list of things he had to produce.
Three weeks later, the county released its audit findings.
The $12,200 for body repairs, paint, safe display supports, and signs had proper bills. The county approved that portion. The $6,200 paid to Rusk's business had no valid support and duplicated a cost paid by the state.
The findings went to the county prosecutor. The center received a demand to return the disputed funds, with time to seek repayment from Rusk.
Caleb sent the report to the other lawyer.
Then the claimed donor loss fell apart. The donor confirmed in writing that no $25,000 pledge had been made. Rusk had asked for that gift, but asking had not made it his money.
His lawyer proposed ending the case.
Caleb insisted on a dismissal that prevented Rusk from bringing the same claim again. I insisted that no agreement stop me from speaking truthfully or helping the investigators.
Rusk signed. He also withdrew his workplace allegation in a letter to Leon and me. The letter said he had no evidence that I had taken records improperly.
He did not say he was sorry.
I filed that letter between the court dismissal and my employment receipt. It did the work I needed from it.
On the day the dismissal was entered, I spent $14 on soup and bread for June and Caleb. They ate with me at their meeting table while I checked the court stamp one more time.
My phone rang beside the empty soup cup.
Hale said the prosecutor had filed charges and asked whether I could attend Rusk's first hearing.