The Castaway Hotel
Book 7

By: B W
(© 2012 by the author)

The author retains all rights. No reproductions are allowed without the author's consent. Comments are appreciated at...

Chapter 13
Trumped Up Charges. 

The detective had argued with Mr. Gouldin, our attorney, because he wanted to question each boy individually, but Mr. Gouldin wouldn’t agree to that stipulation.  He insisted that since no one was being charged with anything, the initial questioning should be done as a group, since it would save time.  Our attorney also insisted Jake and I be allowed to sit in on the interview too, although we had to promise to remain quiet and not interrupt the proceedings.  We did so and now sat listening to everything that went on.

The detective posed his first question to Danny.  “I understand you boys have a problem with David Hubbard, over something that happened in the past,” he began.  “Would you mind telling me what it was about?”

“Hey, we didn’t have a problem with him,” Danny shot back, “he had a problem with one of us.  It all started because he was spreading rumors about Shannon, and then he and some of his buddies decided to push Shannon around in the parking lot.”

“So you went to your brother’s aid?” the detective pressed. 

“He wasn’t our brother then,” Danny told him.  “We only knew him from playing soccer.  He and his dad came to live with us after this happened.”  The detective looked at us, studied our expressions and sized us up.

“So you guys wanted revenge for what he did?” he asked, looking at Brandon.

“No,” Brandon responded.  “After that, we went to a school board meeting and got cleared.  He and his friends got suspended and we’ve had absolutely nothing to do with any of them since.”

“Are you trying to tell me none of you were looking to get even with him for what had happened?” the detective asked Pat.

“No,” Pat replied, “that was all settled when we got some funding cut off to their Boy Scout troop, for their stand on gays.”

“So you’re all gay?” he asked, looking at Shannon.

“I am and a few of the others are,” Shannon responded, “but some of the boys are straight and a few others are bi.  The thing is, none of us care and we protect those who are getting targeted for abuse.”

“Ah, so someone was targeting you boys?” he asked, still looking at Shannon.

“That’s not what I said,” Shannon continued.  “No one was getting picked on now, but in the past when they did, we all stuck together.”

“So you’re trying to tell me that none of you had a lingering grudge against this kid?”  It was Danny who spoke up now.

“He’s not on our ‘invite’ list for parties or anything, but none of us were out to get him,” Danny responded, quite calmly.  “What happened between us was all in the past.”

“In the past, like a month in the past?” the detective pressed, trying to trick them into making a mistake.

“No, like in a couple of years past,” Brandon announced.  “We haven’t had any contact with him since.”  He looked confident his statement would end this, once and for all.

The detective eyed the boys suspiciously and weighed their words carefully as he did so.  Now, he decided to get directly to the point.  “If that’s the case, then why do I have an eyewitness telling me he saw the four of you in the area where this kid was nearly beaten to death?”

The boys all reacted in horror when they heard this, mainly because none of us knew Hubbard had been so badly beaten.  We thought it was just a simple assault case, but this information just upped the ante. 

“Well, your witness must be mistaken,” Pat told him.  “We’ve been thinking back over the past few months and the four of us can’t even remember one time when we’ve all been together like that.”

“Except for this one time?” the detective wondered.

“Not any time,” Pat told him.  “We have hung around at various times, but not the four of us together, except if it was with the rest of the family at the same time.”

“Never?” the detective scoffed.  “Come on, you boys must go places together at times?”

“We do,” Brandon added, “but just not in this combination.  I don’t know why, but we just never have.”

“I find that hard to believe,” he countered, almost under his breath.

“It’s the truth,” Shannon advised him.  “Danny, Brandon, and I hang together sometimes, but I can’t remember anytime when Pat was with us too, especially if it was just the four of us.”

“Then maybe it was one of your other brothers,” the detective suggested, hopefully. 

“I thought you said your witness positively identified these four boys,” our attorney interrupted, “so why are you now suggesting it might have been another family member and not one of them?”

“I was just speculating he could have been mistaken about one of the boys,” he shot back, “if what they claim is true.”

“Or it might be he is mistaken about seeing any of the boys,” our lawyer said smugly.  “Now, I’d like some information from you.  I want to know who your witness is and I want to see his statement.  I also want to know whether you plan on charging these boys with anything or if I can send them home.”

The detective was visibly upset by this turn of events, but quickly regained his composure.  “I shouldn’t be giving this information out in front of these boys,” he told my lawyer.

“And why not?  As soon as you give it to me, I will advise them of it anyway,” Mr. Gouldin challenged.  “They have a right to know who their accuser is and what he is accusing them of.”  The detective was suddenly starting to get red-faced.

“Give me a second.  I’ll have to clear this with my superiors first,” he announced, before leaving the room.  We all looked at each other, as he hurriedly closed the door behind him.

“He’s stalling,” our lawyer announced.  “He doesn’t have to check with anyone, but he doesn’t want to give us that information either.  He wants to keep it as his ace in the hole, but I’m not going to allow it.  He’s going to have to give us this information or I’m calling an end to his questioning.  When he comes back, if he doesn’t tell me what I want to know, then we’re all getting up and leaving.”

We all nodded in understanding and then waited patiently until the detective returned.  He came back carrying a folder and looked more than a little pissed off.  He slid the folder across the table toward our attorney and then took his seat, while our lawyer examined the contents.

“Who is this Tim Wood?” our lawyer asked no one in particular.

“He’s a friend of David Hubbard,” Danny snapped back.  “Is he the one who tried to say we did this?  If he is, he’s a fucking liar.”

“Danny, watch you language, please,” I interrupted.

“Sorry, Dad,” he apologized, “but I think he’s just trying to get even with us because he got suspended when they tried to gang up on Shannon.  He was part of the group with Hubbard when they were pushing Shannon around and he’d say anything to protect one of his buddies.”

“Well,” my lawyer began, “I think that finishes everything here.  The witness is not reliable, not only because he’s a friend of the victim, but he also has considerable animosity toward my clients.  I think we can get his statement thrown out quite easily.”

“I don’t believe so,” the detective countered, as all of us were getting up and preparing to leave.  “The District Attorney’s Office has gone over this statement and believes it is sufficient to proceed with.”

“Proceed with what?  Harassing a group of innocent boys?” our lawyer spewed out, visibly upset this hadn’t ended.

“No, with pursuing the facts of the case and trying to get to the truth,” the detective shot back.  “Now, can we continue?”

My lawyer nodded and we all sat back down.  However, I spoke up at this point.  “Maybe I can offer something here,” I said, looking at the detective.  He just glared at me, but didn’t stop me from speaking.  “We were preparing for our vacation all that week, and hardly anyone left the house or went any place.”

“Are you telling me no one went out, ran errands or anything like that?”

“Yes, they did, but not in groups of four,” I stated, forcefully.  “If someone needed something, one, two or on rare occasions three people would go and get the items, but they never left in groups larger than that.  I also know none of the boys were going out for any other reasons during this time, because we had too much to do to prepare for four weeks away.  I will swear to that in court, if I have to.”

“Big deal!” the detective jeered.  “Parents have lied to protect their children before, so why should I think you are any different?”  I was shocked by his response.

“Although you may have come into contact with parents who would have done anything to protect their children,” I countered, “I consider myself a law abiding person with a responsible position in the community.  I have also tried to teach my sons to be morally responsible citizens as well, so if I suspected they had done this, I wouldn’t be coming to their defense.  I would expect them to take the appropriate punishment for their act, but in this case there is no way any of them could have been involved.”

“Well, that’s very noble for you to say, although I can’t say I’m putting much stock in your words,” he mocked.  “I’ve had other parents swear they weren’t protecting their children, only to discover later they were and had been lying to us the whole time.  Nothing you say will change my opinion here.”

I was a bit incensed over his insinuation I was lying, but realized he was only doing his job, no matter how dastardly his tactics were.  I let it slide and said no more, but our lawyer wasn’t done yet. 

“I think this discussion is now over.  Come on boys, we’re leaving,” he advised us.

The detective looked shocked, but quickly regained his composure.  “I’m sorry, but this isn’t over yet,” he told us.  “Daniel Currie, Patrick Currie, Brandon O’Hara and Shannon McCarthy you are all under arrest for second-degree simple assault. 

“You have the right to remain silent and refuse to answer questions.  Anything you do say may be used against you in a court of law.  You have the right to consult an attorney before being questioned and to have an attorney present during questioning, now or in the future.  If you cannot afford an attorney, one will be appointed for you before any questioning, if you wish.  If you decide to answer questions, now or in the future, without an attorney present, you will have the right to stop answering at any time until you talk to an attorney.  Do you understand these rights as I have explained them to you?”

The boys were in a complete state of shock!  They never expected anything like this to happen and did not immediately respond.  

“Do you understand these rights as I have explained them to you?” the detective repeated, more adamantly.

Hesitantly, each boy responded in the affirmative. 

“These boys are all represented by counsel,” my lawyer advised the detective, “and you may not speak to them unless I am present.  Boys, you are to speak to no one unless I am with you at the time.  Do all of you understand?”  They all nodded.

Now, other police officers came into the room, put handcuffs on each boy and led them down the hallway.

“What the hell is happening here?” I asked my attorney.

“They are taking the boys down to be booked,” he explained.  “A bail hearing will be held, and then later a preliminary hearing will be scheduled, so we’ll proceed from there.  I’ll move for the boys to be released on their own recognizance or given bail, and hopefully they’ll be home in a few hours.”

I couldn’t respond at this point.  I was just too numb from all that had happened, but slowly Jake and the lawyer guided me out of the police station and toward my van.

Mr. Gouldin told Jake and I to go home, which we did.   As soon as we walked through the door, the other boys barraged us with questions about what was going on and why the others hadn’t come back with us.  I tried to answer them as best I could, without sending everyone into a panic, but there was only so much information I could give. 

They were all greatly concerned and wanted to go to the bail hearing later, but I told them that wouldn’t be necessary.  If this went further, say to a trial, then I’d allow everyone to go, even if it was just to show their support and signify our family’s unity, but I hoped this case didn’t ever get that far.  My response didn’t seem to pacify them, so I had to calm down a few of my protesting brood.  They continued to push to be able to go to court with me, but finally they calmed down and accepted my decision. 

Once that was settled, I called Brandon’s parents and told them what was going on.  The O’Haras were very upset and wanted to fly here immediately, but I told them not to overreact, at least not until we knew what was going to happen next.  After spending many minutes discussing everything in detail, they finally agreed, but made me promise to keep them informed and let them know if and when the case was going to trial.  They advised me they would be coming out if that happened and I agreed they should.  I also let them know I would keep them apprised in the meantime. 

Once this agreement had been reached, they thanked me for calling and for everything I was doing for their son.  We ended the call after I told them I’d let Brandon know they sent their love and were greatly concerned about him.

A little while later, Mr. Gouldin phoned and informed me he had arranged to have the bail hearing that evening.  He had kept pushing until the District Justice of the Peace, DJ for short, agreed to handle this duty immediately, so the boys wouldn’t have to stay in jail overnight.  I was nervous, actually extremely nervous, at the thought the four boys might end up with a permanent criminal record, and that didn’t help any.  I knew even if they weren’t convicted of this crime, the charge would always show up on their police record in the future, if anything else were to happen.  The fact that it was there would immediately raise questions about their character and innocence, regardless of any other factors. 

Even though our judicial system is based on the premise you’re innocent until proven guilty, much of society tends to feel that if the police feel there is sufficient evidence for you to be arrested, then you’re probably guilty anyway.  That’s not exactly what our Founding Fathers had in mind and is definitely unfair to those who have been falsely accused.

Later that evening, Jake and I drove to the bail hearing and it was obvious he was worried about everyone too, not just about Shannon.  When we got to the courtroom, we took our seats and waited patiently until the case was announced.  It wasn’t very long before things got started.

“Docket numbers 14319, 20, 21and 22, bail hearings for defendants Daniel Edward Currie, Brandon Patrick O’Hara, Patrick Alan Currie and Shannon Michael McCarthy, who have been charged with one count each of second-degree simple assault.”

“Mr. Stone,” the judge said, looking at the District Attorney, “what is your position on bail?”

“We request remand, Your Honor.” The D.A. stated, emphatically. 

 

“Remand?” our lawyer nearly screamed.  “This is the first time any of these boys have ever been charged with a crime.  Not only that, they come from a loving family and have very strong ties to the community.  This sounds extreme to me, Your Honor.”

“Mr. Stone?” the judge said, looking at the D.A.

“We are asking for remand because the boys fled the jurisdiction of the court after they committed the crime,” he added. 

“What?” Mr. Gouldin shrieked, in amazement.  “Your Honor, these young men went on a family vacation, which had been planned well in advance, so they were not fleeing anything.”

“Is that true?” the judge asked the boys, but before they could respond, I stood and spoke.

“If I may answer that, Your Honor,” I stated, eyeing the judge. 

“And who are you?” he wanted to know.

“I am the father of two of these boys and legal guardian to one of the others.  The gentleman sitting next to me is the father of the remaining boy.  Yes, we took these boys on vacation for four weeks, but it was planned months before we actually went.  Up until then, there was some question about whether we would be going or not, because I had another son who was battling leukemia and all of us wanted to be there for him.  Regrettably, he passed from his illness before we were to leave, and after serious consideration, I decided to go ahead with our plans.  I felt it would do the boys good to get away and forget about things for a while.”

“Well, Mr. Stone,” the judge began, “from what I’ve just heard, it doesn’t sound to me as if the defendants were attempting to flee the jurisdiction of this court.  Anything else?”

The D.A. looked frustrated and upset, so it took him a second or two to respond.  “Then I think they should be remanded due to the severe nature of the crime, Your Honor.”

“I understand your concerns, but you have only charged them with simple assault and I don’t find those charges sufficient to incarcerate them.  If it were aggravated assault, that would be a different matter.”

“Then I’ll amend the charges to include aggravated assault,” the D.A. announced, smugly.

“Not at this hearing you won’t,” the judge informed him.   Seeing his opening, our lawyer decided to speak up. 

“I request the boys be released to their parents, Your Honor,” Mr. Gouldin interjected.  Frustrated and upset, the D.A. voiced his objection.

“The District Attorney’s Office is strongly opposed to this, Your Honor,” he shot back. 

“I’m sure you are,” the judge said dryly, “but I always believe my rulings are fair when both attorneys go away not fully satisfied.  Therefore, each defendant will be granted bail of $50,000 each, cash or bond.” 

“Excuse me again, Your Honor,” Mr. Gouldin began, “but these boys are also scheduled to be going to various colleges shortly.  Would the court have any objections to their being able to resume their education, if we promise to ensure they will return for any and all court appearances?  This, of course, is providing we have sufficient notice for such appearances and the proceedings are reasonable and not excessive?”

“Mr. Stone, you’re opinion on this?” the judge asked.

“Your Honor, I don’t think these boys should be allowed to leave the jurisdiction of this court until this case is resolved,” he suggested.  “I don’t believe the bail is sufficient to guarantee their return, seeing the severity of the charges against them.” 

While he had been pleading with the judge, he kept turning to stare at our lawyer and the boys.  After the district attorney finished his statement, the judge merely sat and contemplated how he was going to rule.

“Once again, I don’t believe either side will be totally happy with my ruling” the judge began, when he was ready to inform us of his decision, “but I can’t see making these boys put off their education until there is a verdict.  However, the District Attorney’s Office does make a valid point.  Bail will now be set at $100,000 for each defendant, cash or bond, and they may return to college, providing they promise to return for all scheduled hearings.”  The boys nodded their heads, almost in unison.

“Your honor,” Mr. Gouldin began, “this is a weekend and Mr. Currie would have trouble producing the required amounts until Monday.  I will vouch for the fact Mr. Currie has assets sufficient to post bond, but we’d prefer not to leave the boys in jail over the weekend.  Is there anything we could do to correct this situation?”

“I will allow Mr. Currie to sign for their release, if that release also includes the pledge of his property against the required bond amounts.  If he can produce the appropriate sum on Monday, then the court will release him from his pledge.  Would that meet with your approval?”

“Yes, your honor,” Mr. Gouldin responded, pleased with the judges compromise.

“Your honor, I object,” the D.A. bellowed.  “We seem to be bending over backward to accommodate Mr. Currie and his family, but I think it would be more appropriate if we followed standard procedures…”

“Objection overruled,” the judge ruled, cutting him off.  “I am doing no more for them than any defendant who might appear before me and had the wherewithal to post the required bond.  I don’t feel a weekend or holiday should work to the prosecutions favor and delay the defendants’ release.  I also see no need for the Commonwealth to pick up the tab for housing his sons when it isn’t absolutely necessary.”  With that said, the judge slammed down his gavel, thus ending the formal arraignment. 

An agreement was quickly produced, which Mr. Gouldin read and approved, so I readily signed it.  Once that was done, the boys were released into my custody. 

The four boys were still visibly shaken when they got to us, so Jake and I tried to comfort them with assurances that everything would turn out all right.  After collecting the items taken from them when they were arrested, we walked to the van.  Once inside, they told us some of the things that had happened to them during their brief stay in jail. 

“Man, I’ve never been so scared in all my life,” Shannon told us.  “Even though I’m gay and have no problems with gay sex, those guys wanted a piece of our ass and I know they wouldn’t have been making love to us either.”

“Why, what happened?” Jake wanted to know.

“It started almost as soon as they took us in with everyone else,” Danny responded.  “Seeing we are all 18 or older, we had to go in with what they call the general population.  They split us in pairs, with Shannon and me going to one cellblock, and Pat and Brandon going to another.  The minute we were within sight of the other inmates the comments began, with guys saying things like, ‘hey, cutie, come over here,’ or ‘hey, sweetie, come see what daddy’s got for you,’ and then they’d grab their crotch or fake blowing us a kiss.”

“And that was only part of it,” Brandon added.  “Then they started saying things like, ‘can’t wait for the next shower, boy, cuz you’ll be picking up my soap for me,’ and then they’d laugh.”

“Once we were placed in our cellblock, I was told by another young guy that he had tried to resist when he first got there,” Pat informed us, “and he got the shit kicked out of him by four guys.  They seem to know where the guards can or can’t see what’s going on and got him in one of these spots.  Once he could no longer resist, they did what they wanted with him.  He advised me not to resist and it would hurt much less that way.”

“Yeah, I heard that too,” Shannon confirmed.  “Thank God you got us out of there before anything like that could happen to us.”

The boys all agreed with his comment, as I started the van and headed home.  During the ride, they also told us about the booking process and the jailhouse wardrobe they had been issued. 

“Yeah, and that one guard made sure he got a good look at our packages when he did the strip searches when we first got there,” Brandon advised us.  “I think he even got hard, because he sure had a big bulge in his pants when I was walking away.  Of course, I was the last one to get searched.” 

“They let us wear our shoes, but made us take the shoelaces out first,” Pat continued.  “I guess they were worried we’d use them to commit suicide or strangle someone else with them.”

“Yeah, and I hated those orange jumpsuits they made us wear,” Shannon added. 

The boys all agreed with these various observations and then we talked about what might happen next.  The lawyer had given Jake and me an idea about what to expect, so we shared that information with the boys now.  It didn’t make them feel any better, but we felt they should know what was up and what they might yet have to face.  After that, things got pretty quiet and you could have heard a pin drop by the time we reached home.

As we pulled into the driveway, everyone else was piling out of the house and heading for the van, to see if the boys were with us.  However, they also came out to tell us what had happened at home while we were gone. 

To be continued...

Posted: 11/30/12