Note: This story was dynamically reformatted for online reading convenience.
 
 Deanna by: Dr.  Paco Jones
   copyright 2012
   Chapter 21 - The Trial - The Nightmare Continues
   Monday morning at 8am Judge Barrtel called the court to order and
explained what was going to happen to all of the prospective jurors, then
he swore them all in.
   At that the process of Jury selection began.  They pulled numbers out of
a "hat" until they got twenty-four prospective jurors.  The first twelve
were seated in the jury box and the preemptive challenges began.
   The process of eliminating the jurors that each attorney either likes or
doesn't like is maddening.  The prosecutor was actually happy with all
twelve of the original draw, he knew this case, and if heard by twelve half
intelligent people would put the defendant away for a long time.
   It actually didn't take that long to seat all twelve jurors and begin
with the opening statements.  Before things could get underway however, the
prosecutor asked the judge to allow the introduction of some "new evidence"
that had just come to light.
   When the judge queried as to what the evidence was, as if he didn't
know, he was informed about a videotape of the last court appearance.
   Of course the defense objected because he hadn't had an opportunity to
review this new evidence.
   Judge Barrtel looked over at him saying, "Overruled counselor.  You may
review the evidence at the lunch break.  I will not allow it to be
introduced as evidence until this afternoon's session at the earliest, so
it would behoove you to look it over at lunch."
   "Yes sir.  Thank you," he said glumly as he sat back down.
   Prosecutor Simmons had decided that since the defense would take the
opportunity to review the video he didn't need to introduce it into
evidence that day.  He conferred with the judge and the defense attorney at
the bench telling both he would hold introducing the video until a later
time, if he deemed it necessary.  He had a plan.
   Judge Barrtel wondered to himself the reasoning, but didn't question Mr.
Simmons directly, but reserved the right to ask at a later time.  Defense
attorney Ternner was just happy he didn't have to address it with such
short notice so he agreed.
   For the next week the prosecutor laid out his case before the jury.  He
prosecuted all thirteen counts, some in a lot more detail than others,
somewhat glossing over some, but touching each just enough for the jury to
be able to make a logical decision on the count.
   The most damning charge from a "legal" perspective was the assault and
attempted murder on the police officer.  He saved that charge for next to
last.
   He saved the assault on Dee and Tara for last because it would have the
most "final impact" on the jury.  He wanted that emotional tie to an abused
woman and child to be fresh in the juries mind when they hit the
deliberation room.
   Tom and Marie attended every day, but Tara couldn't bear to make the
trip on a few of the days.  Tom was sure to give her a full report each
evening so that she knew what was going on.
   She was still terrified to be that close to the monster that had tried
to kill her and her daughter.  Tom could feel her stiffen then begin to
shake for the entire time she was in the courtroom.
   On the days Tara didn't attend he made sure that he and Marie sat
directly behind the defendant.  Judge Barrtel noticed, but also noted that
once again, Tom showed great restraint in not whispering "sweet nothing's"
to the defendant as the prosecutor continued to ensure he would never
breathe free air again.
   It took a week for prosecutor Simmons to present twelve of the thirteen
counts to the jury.  Monday would be the assault on Tara and Dee, so Tara
had to attend because she was one of the prosecutor's prime witnesses. 
With all the other evidence he had determined with the concurrence of the
judge and the defense that Dee would not be called as a witness.  There was
no need to subject the youngster to the prospective trauma.
   The prosecutor finally introduced the videotape into evidence just prior
to Tara's testimony.  The defense attorney did not object.  He'd seen it in
all its glory and knew if he hadn't already, this was a lost cause.  You
don't do that kind of thing in a courtroom, but he would continue to defend
him the best he could.  That was a public defenders job.  His heart was
certainly no longer in it, if it ever was considering all of the evidence.
   It was part of the prosecutors plan to leave the jury with the emotional
trauma being put on a woman and her child by the defendant.
   So it went for Monday with the prosecutor presenting his case.
   Calling all of the investigators to testify, one of the last was the
crime scene photographer.  He introduced "twenty-seven, eight-by-ten color
glossy pictures, with circles and arrows and a paragraph on the back of
each one, explaining what each one was, to be used as evidence..." against
the defendant.
   Essentially they were photos of Tara's injuries, the condition of the
house after he had smashed things and other relevant views of the crime
scene.
   Tara was the last witness to take the stand on Monday, and Tom would be
first in the morning.
   Tara related for the jury the entire story in minute detail, and totally
broke down when telling of having to hide Dee somewhere else so that she
couldn't be found in case he got out somehow.  The eight women on the jury
could certainly relate well to a mother trying to protect her child.
   Tuesday morning, bright and early, Tom was called to the witness stand
and sworn in.
   When he'd been seated the prosecutor laid it out for the jury to
understand whom this man was, and how he was involved.
   "Mr.  Tompkins.  You seem to have quite a distinguished record of
service to our country," he started with.  "Two silver stars, with
citations for Valor, numerous Gallantry citations, numerous commendations,
even recommended for the Medal of Honor twice, with one recommendation
still under review."
   With a heavy sigh, "Yes sir," was Tom's only reply.  He really wasn't
comfortable discussing his military service.  Much of it couldn't be talked
about anyway.
   "Mr.  Tompkins, will you tell the court the circumstances surrounding
such a distinguished record?"
   Tom looked at him like he'd grown a third eye thinking, "Why the fuck
are you asking me that shit.  You know I can't answer that question."
   "I'm sorry sir, I'm not at liberty to discuss any of those
circumstances," he said calmly.
   "Objection," from the defense table.  "Those circumstances relate to the
treatment of my client."
   "Overruled counselor," Judge Barrtel ruled immediately.  "Those
circumstances are classified military operations and have no bearing on
this trial, are none of our business and truth be told we probably don't
want to know."
   Looking to the prosecutor said, "You may continue Mr.  Simmons."
   "Thank you your honor."
   The prosecutor looked directly at the defendant, and asked, "You were a
United States Navy SEAL, were you not?"
   He noted with amusement, the defendant's jaw nearly break when it hit
the table.
   "Yes sir," Tom answered quietly.  There was a low murmur in the
courtroom and looks of surprise in the jury box.
   Judge Barrtel banged his gavel once admonishing those in the courtroom
then nodded to the prosecutor to continue.
   "You and your teammates were highly trained in tactics, self defense and
clandestine operations weren't you Mr.  Tompkins."
   "Yes sir," Tom repeated once more.  He was wondering where this was all
going.  What relevance did his service and training have?
   "Mr.  Tompkins, you were responsible for the capture of the defendant
were you not?"
   "Yes sir."
   "Can you enlighten the court on that activity Mr.  Tompkins?"
   "Objection your honor," Ternner shouted.  "That activity is irrelevant."
   Judge Barrtel looked at the attorney with a smile and said, "Overruled.
It is quite relevant Mr.  Ternner." Then looking at Tom, "You may answer
the question Mr.  Tompkins."
   Tom related the entire operation of taking down the defendant.  He
didn't leave any gory detail out.  There were a few chuckles in the
courtroom when he related his "taunting" of the defendant and many gasps
when he related the broken bones and how easy it had been to take him down.
   "So, Mr.  Tompkins, you had the opportunity to kill the defendant during
his capture, didn't you?"
   "Yes sir, but it wasn't my job to administer punishment."
   "Or determine his guilt?"
   "I'm living with the results of the guilt sir.  I see it, hear it and
have to deal with it every day.  I hope to someday be able to meet the
victims daughter, but that has not happened as of yet because the victim is
terrified to bring her from hiding."
   "So you're not in any doubt of the guilt or innocence of the defendant?"
   "That's not my job sir.  That's what we are all doing here."
   "Thank you Mr.  Tompkins," then looking at the judge, "I have no further
questions your honor."
   "Mr.  Ternner, he's your witness."
   "Your honor can I declare that Mr.  Tompkins is a hostile witness?"
   Both Tom and Judge Barrtel got a wry smile on their faces, but the judge
answered, "I suppose you can do that Mr.  Ternner, but I don't think it's
necessary."
   "Your honor, this man nearly killed my client," Ternner whined.
   "Yes, that may be true, but he didn't kill him, now did he?" asked Judge
Barrtel obviously holding back a chuckle.  "He assisted law enforcement in
locating and bringing the defendant into custody."
   The defense attorney turned and looked at Tom who was calmly sitting in
the witness chair looking at him.  There was no anger, vindictiveness, or
hostility in his eyes.  He was just waiting for the questions.
   "Mr.  Tompkins, can you explain that while all your training would have
led you to take the defendant's life, you didn't.  Did they teach you
restraint as well?" he asked skeptically.
   Looking right at the attorney he replied, "We were trained to do only
what was necessary to accomplish the mission.  Killing the defendant was
not necessary to complete the mission successfully."
   "But you wanted to kill him didn't you?"
   "Yes sir I did, but once again it isn't my job to mete out punishment."
   "Mr.  Tompkins, please.  You broke three bones in his arm and literally
destroyed his breastbone, don't you think that is meting out punishment?"
   "No sir.  I did what I needed to do in order to subdue the perpetrator.
He thought he was a tough guy, and tried to attack me again with a broken
arm.  I finished showing him that he wasn't a tough guy."
   "Mr.  Tompkins," he looked at Tom seriously for the first time, "Why
didn't you kill the defendant, Mr.  Tompkins?  Really."
   Tom looked at judge Barrtel for a little dispensation, but got none.
   "Answer the question son," the judge said in a low voice.
   Tom looked at Mr.  Ternner.  Tara got a shudder of shivering cold air
when she looked at him on the stand at that moment; Tom's eyes were cold as
ice, "It would have been too quick, too easy.  The defendant deserves to
suffer, a lot.  Sending him to prison will be far more punishment than I
could mete out by killing him." Then with all the coldness and detachment
anyone could ever conjure he finished, "The victim hid in a gay bar because
she knew she'd be safe there.  He would never go into a gay establishment
because he was afraid of 'catching gay'."
   There was enough laughter in the courtroom that Judge Barrtel had to
bang his gavel a few times and chastise the "peanut gallery", but if you
were watching him very closely you'd have seen the edges of his mouth
turned up as he tried to stifle his own laughter.
   Ternner looked at him with a shocked look, wondering what the hell he
was talking about.
   "I have no further questions your honor," and sat back into his chair
next to his client.
   The prosecutor stood up as if to call another witness, but addressed the
judge, "You honor, I have no further witnesses, however I reserve the right
to re-cross if necessary." Then looking directly at the defense table, "The
prosecution rests, your honor."
   There were multiple gasps in the courtroom and the defense lawyer's head
snapped around and nearly broke off of his shoulders.  Nobody was prepared
for this.  It was a slam-dunk for sure, but everyone thought the prosecutor
would lay on "the emotions" more heavily.
   He may have been influenced by Tom's lack of vindictiveness, but he had
already presented an airtight case and really didn't need to waste
anybody's time.  Now it was just a matter of sitting through the defense's
presentation.
   The defense called two witnesses that did a song and dance, dog and pony
routine on the stand, but when the prosecutor put them to cross
examination, their "evidence" crumbled like so many graham crackers in the
hands of a four year old.
   After the presentation of the defense's best witnesses, and not gaining
anything, the defense lawyer looked at his client, shrugged his shoulders,
stood up and announced, "Your Honor, the defense rests."
   That unexpected event caused even more numerous and louder gasps from
the assembled peanut gallery.
   So it was on to closing arguments, and the instructions to the jury.
   It was close to the end of the day by the time the closing arguments
were completed, so Judge Barrtel adjourned court until Wednesday morning,
when he would give the jury their instructions and send them off to
deliberate.
   Tara was a bundle of nerves when they got home Tuesday evening after the
whole gang going out to the local pizzeria for a healthy dose of pepperoni
and cheese.  Carol and Lisa had their veggie special as usual, but everyone
else was on the heavy carnivore wagon that evening consuming mass
quantities of "unidentified meat product".
   Tara looked at Tom and moved to hug him.  She was beginning to tear up
and he felt the tears on his chest when they dripped off of her cheeks.  He
stood back, looked into her eyes, and whispered to her, "It's almost over
sweetie.  He'll be off for a long trip to the hoosegow very soon.  I'd
wager that within a week he'll have at least one large dick stuck up his
ass and I'll also tend to bet he'll end up pulling a train." He was
grinning from ear to ear.
   Tara looked up at him with a breaking smile, and began to giggle. 
"That's quite a picture, but it couldn't happen to a nicer guy."
   They all packed up the 3 slices that were left over and headed back to
the house.  Tomorrow was going to be a big day!
   When they got back to the house the all poured whatever drinks they were
going to nurse through the evening and sat around the living area to chat
about whatever came to mind.
   Tom looked around the room then at Tara and said, "You know what.  I'd
wager my next evenings tips at the club that he'll be dead within a month."
   Tara's eyes got wide and everyone else looked at him in shock.
   "Listen," Tom continued.  "He thinks he's a badass, a real tough guy. 
Once he gets to the joint, he's going to find himself at the bottom of the
food chain and he's going to piss off someone who really IS a badass.  If
they don't stab him to death, they'll choke him with something and tie it
to his bunk so it looks like he hung himself."
   Looking around, "Anybody want to cover that bet?"
   Looking around the room he had no takers.  The women knew that if Tom
was willing to bet on something, he was pretty damned sure he wasn't going
to lose.  Hell, a night's tip was sometimes $1500 and that was only half
because he and Rod split the tips 50/50.
   Tara still had her arms around Tom's neck and was looking into his eyes.
She leaned up, kissed him gently, and said softly, "Thank you so much for
being my strength sweetie.  I don't know what I would have done without you
to lean on and go to for advice."
   Tom looked at her with a smile, "It's been my pleasure sweetheart.  You
deserve a whole lot better than you had."
   Looking around the room the pairing up was already beginning, with Carol
and Sheryl occupying one couch, Marie, and Lisa on the other.  Both pairs
were tenderly kissing each other while trying to pay attention to what Tara
and Tom were up to.
   She looked up at him with a grin and whispered, "Come with me big boy. I
think I can use some personal attention."
   Tom grinned at her, nodded his head and said, "Lead on McDuff."
   She took his hand and looking at the other pairs, said softly with a
smile, "G'night you all."
   Lisa felt Marie stiffen for just a second before she relaxed and gave
them both a smile.
   As Tom and Tara made their way down the hall to the bedroom, Lisa looked
tenderly at her lover and asked, "It hurts you doesn't it?"
   Marie tearfully nodded her head imperceptibly, and whispered, "Yeah, but
I know it shouldn't.  You are my love, my mate.  But fuck Lisa, I love him
so damned much sometimes I can't stand it."
   "I know sweetie, it scares the shit out of me, but whatever is meant to
be will be, so I try not to over react."
   "No Lisa, you have nothing to be afraid of.  I'm yours.  I know it's
inevitable that Tom will leave us, but I'm just not ready to give him up
yet.  Tara needs him.  I can see that and I have no qualms in giving her
what she needs.  Shit Lisa, they're both het's, why wouldn't they latch on
to each other.  It doesn't hurt that she's a damned doll." Then giggling,
"I have a hard time keeping my hands off of her myself."
   Marie and Lisa giggled with each other, and Marie tightened her grip on
Lisa trying to let her know that as much as she loved Tom, Lisa was still
her choice."
   Down the hall you can only guess what was going on, but the other four
heard loud emanations of orgasmic delight from behind the door.  Secretly
all four hoped that Tom and Tara had "found" each other.  Even Marie.
   
  
Chapter 21 - The Trial - The nightmare continues