A Desperate Plea
By Judith Blevins and Carroll Multz
()
About this ebook
A world of make-believe…
When a writer pens a novel, he or she makes a deliberate attempt to make the characters come alive. Some are heroes; some are villains.
What happens when the villains mutiny and clamor to be painted in favorable light just like their counterparts? What happens when antagonists join in a class action and sue the authors of the novels in which they appear?
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A Desperate Plea - Judith Blevins
a desperate plea
Copyright © 2018 Judith Blevins & Carroll Multz
All rights reserved. Except as permitted under the U.S. Copyright Act of 1976, no part of this publication may be reproduced, distributed, or transmitted in any form or by any means, or stored in a database or retrieval system, without prior written permission of the publisher.
This book is a work of fiction. The characters, incidents, and dialogue are drawn from the author’s imagination and are not to be construed as real. Any resemblance to actual events or persons, living or dead, is entirely coincidental.
Published by Open Window
an imprint of BHC Press
Library of Congress Control Number:
2017961359
Print edition ISBN:
978-1-947727-12-0
Visit the publisher at:
www.bhcpress.com
Also available in trade softcover
3544Double Jeopardy
Swan Song
The Legacy
Karma
Paragon
3590Justice Denied
Deadly Deception
License to Convict
The Devil’s Scribe
The Chameleon
Shades of Innocence
The Winning Ticket
3636Rogue Justice
The Plagiarist
Spiderweb
Childhood Legends Series®
A series of novels for middle-grade readers
Operation Cat Tale
One Frightful Day
Blue
The Ghost of Bradbury Mansion
White Out
A Flash of Red
Back in Time
Treasure Seekers
3821In each of our novels, like most, is a protagonist (good guy) and an antagonist (bad guy). In the past, we never gave much thought of painting the antagonist in a bad light or holding such person up to public scorn or ridicule. It was part of the writing process, and since the antagonist was a purely fictitious character and the events the figment of our imaginations, we gave little thought about how antagonists felt or were impacted by their portrayal.
This novel may appear on its face to be two writers’ imaginations gone wild and a journal of improbable events. To some extent it is. However, in recounting the incidents as they unfolded at the time, it appears the saying facts are stranger than fiction must yield to the realization that fiction is the label given to disbelief.
All the how to write a novel
aids say that it is imperative that the writer make his or her characters come alive. Does this mean that under proper circumstances, a writer can become a creator of life—not just in the eyes of the reader but in reality? Although we can’t explain it, it appears writers can’t just willy-nilly throw caution to the wind and create a character such as Mary Shelley did when her antagonist, Dr. Victor Frankenstein, materialized a creature known as Frankenstein’s monster. If it happened with Mary Shelley, then we shouldn’t wonder why it couldn’t happen to us.
To create monsters in our writings, though done intentionally, does not carry with it the right of such characters to take it literally. Little did we know that penning words would be like waving a magic wand. We certainly did not consider the unintended consequences, and never in our wildest dreams, thought that any of our antagonists could or would seek vengeance.
To those who contributed to making this novel what it is, particularly Jan Weeks and our publisher, BHC Press, our profound gratitude.
This novel is dedicated to:
fiction writers everywhere.
May they never be deterred.
Be careful what you write.
An author may die, but his words
will endure forever.
~ Blevins/Multz – The Plagiarist ~
TP_1_Flat_fmt11363NARRATED BY CARROLL
OVERCOMING WRITER’S block and relaxing in the writer’s rhythm is the favorite time for many novelists. For others, it’s experiencing the euphoria that book signings generate. For Judy it’s when the books are delivered from the printer. And for me, it’s when I review the galley proofs.
On a hot July summer day, I had enlisted Judy’s assistance in scanning the galley of my latest novel, The Winning Ticket. So far, the only correction was a small printing error. Remarkable since we were already about two-thirds of the way through the proof.
Although Judy and I were acquainted with each other through our occupations—Judy as lead secretary for the local prosecutor’s office and me as a defense attorney (the nemesis of the DA’s office)—we never dreamed we were destined to combine our efforts in novel writing.
In need of someone to transcribe my dictation, I asked Judy for a recommendation. Whether I conscripted Judy to fill the void or she volunteered is still a debatable issue. The long and short is that after working on three of my manuscripts, Judy handed me one of her own for me to review. That was when a star was born. Although we continued to work on our separate novels, it was not long before we found ourselves collaborating on the young adult novels that comprise The Childhood Legends Series® and ultimately several adult novels.
Between the two of us, we had published a total of two dozen novels—twelve of which we coauthored. Most of the novels involved at least one protagonist and one or more antagonists. I tell you this as a backdrop for the events that follow—events that would cause us to hesitate and pause in our portrayal of antagonists in future novels.
• • • • •
AS WE pored over The Winning Ticket, we were interrupted by the jarring sound of a doorbell followed by a loud knock on the door. Since we were using Judy’s studio, she answered the door. Although I could hear a male voice, I couldn’t hear what he was saying. Soon Judy was at the door of the computer room beckoning me to the front room.
I figured you’d be over here,
Michael Jensen says. I have some court documents to serve on you and Judy, and you’ve saved me time in trying to hunt you down. Seems you’re never home.
I shake Jensen’s hand and say, When I’m not teaching, you’ll usually find me here working on novels. How’ve you been anyway?
Same old same old—just a change in roles, it appears.
He smiles and hands me what appears to be two legal documents. "Instead of serving these for you, I’m serving these on you."
What the hell…
I say as I examine what appear to be a civil summons and a complaint.
Looks like you and Judy have not made everyone happy with your writings.
It wasn’t our intention to make everyone happy and flock to buy our novels,
I say. As my daddy used to say, ‘By trying to please everyone, you please no one.’
I begin to examine the documents as Jensen hands a set to Judy.
Obviously, trying to minimize the sting and divert attention away from the messenger, Jensen asks, Miss the legal rat race?
Had enough to last a lifetime,
I respond still seething at the prospect of having to defend a lawsuit the nature of which I have yet to determine.
At least it’s not a criminal summons or warrant,
Jensen says and forces a smile.
Be careful what you say about criminal cases,
Judy, who was employed by the district attorney’s office for thirty-six years, says.
At least we don’t have to worry about jail time if we lose,
I say and manage a smile of my own.
You haven’t read the complaint yet,
Jensen says. When you do, you might opt for the jail time.
• • • • •
WHAT A revolting development!
I say and shake my head in disbelief as I read the complaint.
Looks like a spoof,
Judy says. Notice the names of the plaintiffs are familiar?
I look at the long list of names and grin. You’re right!
I say. They’re the bad guys in our novels. Looks like my friend, Dennis, has enlisted Jensen’s help to perpetrate his best prank yet.
Antagonists have feelings, too!
Judy teases. We can’t paint them in bad light and not expect some retaliation, now can we?
We both laugh.
Dennis will pay for this,
I say. Remember what you always say? ‘Payback is hell!’
Sounds like his wife, Linda, had something to do with this. Don’t think Dennis could type all this himself. You know how inept he is on the computer,
Judy says.
Judy grows quiet as she reads through the complaint. Finally, she shakes her head, This doesn’t sound like something a non-lawyer would draft anyway. It’s pretty technical, and I doubt Dennis would go to all the expense of hiring an attorney to draft a fake.
The more I read, the more I agree with Judy. Having drafted untold numbers of civil complaints myself, it’s obvious this one was not drafted by some amateur. And I’m not sure Dennis would spend his time scouring our novels, extracting the names of the antagonists in an effort to pull a prank. To cause me to sweat—maybe, but not Judy!
There are at least fifty plaintiffs from seventeen of our published novels,
I say, as I examine the caption of the complaint.
Fifty right on the money,
Judy says. I counted them. Looks like most of them are from your novels.
My luck,
I say, as I attempt to dispel the notion that the lawsuit is a hoax. I’m not as dispassionate in reviewing the allegations as I was when I reviewed those of my clients. It’s much different when you’re the one in the cross-hairs.
Come now the Plaintiffs above named, and as a cause of action against the above named Defendants, complain and allege as follows:
First Claim for Relief (Libel): By their novels, Defendants, individually and collectively, exposed Plaintiffs to hatred, ridicule and contempt, thereby harming the reputation of Plaintiffs in the estimation of the readers of the aforesaid novels. What the Defendants published was false and was done with knowledge of such falsity or with reckless disregard of the truth.
Second Claim for Relief (Appropriation): By their novels, Defendants, individually and collectively, illegally used Plaintiffs’ names and likeness for commercial or trade purposes without the latter’s consent.
Third Claim for Relief (Public Disclosure of Private Facts): By their novels, Defendants, individually and collectively, disclosed private facts about Plaintiffs that were highly offensive to reasonable readers and consisted of material that was not of legitimate public concern.
Fourth Claim for Relief (False-Light Invasion of Privacy): By their novels, Defendants, individually and collectively, published material that placed Plaintiffs in a false light. The aforesaid material was highly offensive to reasonable readers and was published, as with the first claim herein, with knowledge of its falsity or in reckless disregard for the truth.
Prayer for Relief: Because of the willful and wanton acts of the Defendants, Plaintiffs not only ask for compensatory or actual damages of $50 million but an additional $150 million as punitive or exemplary damages for a total of $200 million. Plaintiffs also ask that an injunction issue precluding the sale of any of the offending novels in the future and that Defendants be required to rewrite all offending novels deleting any reference to Plaintiffs. Plaintiffs also request reimbursement for court costs and attorney fees.
• • • • •
THE COMPLAINT is signed by an attorney neither Judy nor I have ever heard of—a person by the name of Rosette Fleming. When we check, she’s not listed in the Martindale-Hubbel Law Directory. Her address is a post office box in Denver, Colorado. Curious,
I say.
Looks like we’ll have to deplete our savings accounts to pay the judgment. Only the Lord knows what the court costs and attorney fees will be.
Judy manages a smile, and looking over her glasses, waits for my reaction.
A cheap price to pay,
I say flippantly. "Anything to appease our readers