Benji in Control
by: E Walk
(© 2009-2011 by the Author)
 

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

Chapter 49 

The Ultimate Trial

As we were leaving the apartment for the courthouse, Cole walked out with us, “Guys, I wish I could be there to support you.  But there is nothing that I can do.  I really need to be at practice now that we have a new coach.  He’ll probably have some different ideas than Coach Lewis.  Let me know if there is anything I can do and I’ll spring free somehow.”

When we arrived at the courthouse, Judge Willard was waiting for us and took R. B. out of sight, “I’ll have Ray Jr. in the courtroom when the time is right.  We’ll be as inconspicuous as possible.  We don’t want to tip our hand that they have subpoenaed the wrong person before we have to.  It should be a spectacle to watch when they realize that Benji isn’t Ray Jr.”

When Benji and I entered the courtroom, Uncle Howie, Mr. Nicely and Judge Flowers were seated at the defendants’ table and there seemed to be a lot of people sitting in the gallery.  I leaned over to Uncle Howie, “Why are there so many people here?  This is just a simple custody case, isn’t it?”

Uncle Howie shook his head, “Doug, I’m not sure what the plaintiff’s are trying to pull, but we have some surprises of our own.  There may be periods when we need to have to the young people dismissed from the courtroom.  If these people want to play hardball, then hardball they’ll get.” 

“Don’t be surprised when we pull some rabbits out of our hats, as well.  Whatever you do, answer any questions that might be asked of you as honestly as you can.  Tell Benji he needs to do likewise.  Judge Willard is telling R. B. to do the same thing should he be called to the witness stand, which I‘m sure he will.”

It was almost nine o’clock and there was no one sitting at the plaintiff’s table.  I leaned over to Uncle Howie, “What happens if no one shows up?”

“Doug, they’ll be here.  They are doing some sort of grandstanding to draw attention to themselves.”

When the bailiff appeared, the plaintiff’s party made its way down to the plaintiff table with a pompous older man leading the way, followed by the supposed Mrs. Rebecca Lewis and a younger gentleman who was carrying a briefcase.  More importantly, there was an older couple and some other well dressed persons who sat in the first row of the gallery behind the plaintiff’s table.

The bailiff announced, “Please rise for the honorable Judge R. W. Slocum.”

The judge sat down and banged his gavel, “This court is now in session.  Bailiff, please inform the people in the courtroom exactly what the charges are, since there seems to be an air of mystery and urgency about this case.”

The bailiff read, “The plaintiff, Mrs. Rebecca Lewis has filed a case of obstructing justice, based on the fact that she was not given the opportunity to properly state her case that she should be granted custody of her stepson, Mr. Raymond Burnside Lewis, the Second.  She is filing damages against Judge Katherine Flowers, Mr. Howard Willingham, Mr. Warren Nicely and Mr. Douglas Christiansen for obstructing justice in the previous trial.”

Judge Slocum shook his head, “There must be something very strange and important about this case, to get it on the docket so fast.  Since the Plaintiff has requested a trial by jury, who is representing the Plaintiff, Mrs. Rebecca Lewis?”

The pompous older man stood, “I’m Lawrence B. Nelson.  I’m here to prove that there was a gross miscarriage of justice in the trial on Monday.”

Judge Slocum pounded his gavel, “Mr. Nelson, I suggest you stop your editorializing and we will let the jury decide if there was indeed a miscarriage of justice in the first trial.  Let’s get on with the selection of the jury members.  You people sound as if you’re stalling for time.”

During the jury selection process, I was getting a little miffed, because it seemed to me that all the questioning of the potential jurors was being done by Mr. Lawrence; he even dismissed two potential jury members for cause.  I leaned over to Uncle Howie, “Why aren’t you acting like Mr. Nelson?”

“Doug, believe me.  The other jury members are going to realize that Mr. Nelson is trying to form a jury that he thinks will be receptive to his plaintiff’s story.  In my experience, that is not a good thing to do unless there is extreme cause.”

After the jury of six persons was sworn in and seated, Uncle Howie pulled the first rabbit out of his hat.  He stood, “Judge Slocum, I have a point of order that I would like to bring before the court before we begin the actual proceedings in this case.”

Judge Slocum looked up, “Mr. Willingham, this had better be good.  You seem to be stalling as well.”

“Judge Slocum, it has come to our attention that Mr. Nelson is not a member of the Georgia Bar Association, nor has be ever been granted the right to practice law in Georgia.”

Mr. Nelson stood abruptly, “Your honor, that information has no bearing on this case.  I am authorized to practice law in the biggest states of California, Texas, New York, as well as the District of Columbia.  That more than qualifies me to practice law in this backward state of Georgia, where you people are out of touch with the legal rulings of the progressive states.”

Judge Slocum stood, “There will be a ten minute recess, during which time I will be checking on the background of the person who claims we people here in Georgia know nothing about the law.  Bailiff, have the doors secured.  No one is to leave or enter the courtroom during the recess.”

There was a stunned silence in the courtroom as Judge Slocum departed.  Judge Flowers whispered, “Judge Slocum is the wrong person to be telling that the legal system here in Georgia is less qualified than in other parts of the country.  He was just nominated to be the next Chief Justice of the state of Georgia Supreme Court.”

When Judge Slocum returned and he had resumed his seat, he looked at Mr. Nelson.  “Counselor Nelson, you are not only not authorized to practice law in the great of state of Georgia, I have just ascertained that you have been rejoined from participating in legal proceedings in Texas and are under investigation by the bar association in California for malfeasance of practice, because of your associations with some persons with ulterior motives that are not in the best interest of society.”

“You are removed as the legal representative for Mrs. Lewis.  You will refrain from saying so much as a peep during the remainder of the proceedings.  Unless someone is prepared to present Mrs. Lewis’ case this case is dismissed.”

A voice spoke from the row of spectators seated behind the plaintiff’s table, “You son of a bitch, you can’t make a decision like that with a jury sitting there.  They would need to declare a mistrial and not you.”

“Mister, for your edification, there has been no evidence presented in this case, so how they could make an intelligent decision.  You just got yourself fined for being in contempt of court, to the tune of $10,000.”

The young man who was sitting next to Mrs. Lewis at the plaintiff’s table said, “Judge Slocum, I’m Terence O’Connor and I’m prepared to present Mrs. Lewis’ case.  I am a member of the Georgia Bar Association and am qualified to represent her.”

“Very well, Mr. O’Connor.  Please proceed.  We’ve wasted enough of everyone’s time.  Call your first witness.”

“I call Mrs. Rebecca Lewis to the stand.”

After Mrs. Lewis was finished being sworn in, she asked, “Who is that young man at defense table?  That’s not my beloved Ray baby.  What kind of game are you people playing?  Ray Jr. was served with a subpoena saying he was to be here.  I don’t see him anywhere.  What have you done to my poor boy?”

Judge Slocum intervened, “Mrs. Lewis, please step down from the witness stand while we get to the bottom of this matter.  This sounds like another botch in your case, if you can’t even have the right people in place.”

Judge Slocum pointed to Benji, “This is very unusual, but I would like to talk to you without outside interference.  Please have that the young man sworn in.  If either the plaintiff or defense counselors interfere in this conversation, they will be found in contempt of court.”

Benji was very professional when he was answering the judge‘s questions, “Your Honor, My name is Benjamin Willingham Christiansen.  People call me Benji.”

“Benji, why are you seated at the defense table?”

Benji shrugged his shoulders.  “Your Honor, I have no idea why I was subpoenaed to be here.”

Judge Slocum asked, “Benji, do you have a copy of the subpoena you received with you?”

“Yes, Your Honor.  Here is the copy the man gave me and told me that I needed to be in court today.  Rocky heard and saw the man give it to me.  The man almost handed it to Rocky but didn’t because of the color of Rocky’s skin, so he gave it to me and I signed for it.”

The Judge looked at the subpoena, “Benji, this says that the subpoena was for Raymond Burnside Lewis Jr. and not you.”

“Your Honor, I know that, now: but the man made me sign for it.  I can read most of the words, but I didn’t understand what it was saying.  My Dad said, since I signed for the document that I had to be here.”

Judge Slocum looked at the bailiff, “Bailiff, I want the original copy of the subpoena for Mr. Raymond Burnside Lewis Jr. that was signed for Mr. Christiansen.  There will be a short recess until the subpoena has been reviewed.”

The bailiff returned almost immediately with a piece of paper and the judge reviewed it.  The judge looked at Benji, “Young man, was there an adult around when the man had you sign this paper?”

Benji nodded, “Miss Patty was in the house and Mr. Denny and Miss Callie were in their trailer.  The man didn’t even ask to talk to them.  He just handed me the paper and told me to sign for it and left.”

Judge Slocum nodded his head, “Mrs. Lewis, please return to the witness stand.   Benjamin Christiansen is legally at the defense table.  There is no legal reason for Raymond Burnside Lewis, Jr. to be here since he was not legally subpoenaed.  Mr. O’Connor, please proceed.”

Mr. O’Connor was looking smug, “Mrs. Lewis, would you please tell the jury why you should have been awarded custody of Raymond Lewis, Jr. and his father’s assets after Mr. Lewis’ death.”

Mrs. Lewis pulled out a handkerchief and started to wipe her eyes.  “Ray and I were happily married for nearly five years.  During that time I devoted my life to him and his dear son, Ray, Jr.  There has to have been collusion on the part of Mr. Christiansen, Mr. Willingham, Mr. Nicely and Judge Flowers to keep me from getting what is rightfully mine.”

Mr. O’Conner grinned, “Thank you, Mrs. Lewis.  You may step down.”

Uncle Howie stood, “Your Honor, does the counsel for the plaintiff have the right to deny me the right to cross examine the lady?”

Judge Slocum pointed his gavel at Mr. O’Connor, “Mr. O’Connor, you are completely out of order.  Counselor Willingham, you certainly have the right to cross examine Mrs. Lewis.”

Uncle Howie walked toward the witness stand, “Thank you, Your Honor.”

Uncle Howie went right for the jugular vein, “Mrs. Tallinn, is it not true that you were never legally married to Mr. Raymond Burnside Lewis.  Isn’t it true that you’re still married to Ivan Tallinn and have been for the past seven years?”

The older gentleman who was in the first row of the gallery behind the plaintiff table, who had previously been fined for being in contempt of court, jumped up.  “That’s a fucking lie.  We had that wedding annulled nine years ago and brought Lilly home from that God forsaken place where she was living in Lithuania.”

Judge Slocum pounded his gavel, “That outburst just cost you another ten thousand dollars.  Bailiff, find out the gentleman’s name, and if he interrupts this hearing again, he will find himself spending time as a guest at the county’s facilities.”

The gentleman shook his fist, “You just proved that you people here in Georgia are unfit to administer the laws properly.   I’m Franklin T. Tomasek and I’ll see that you are crucified for treating me and my daughter like this.”

Judge Slocum was livid.  He stood, “Bailiff, have security clear that first row of occupants behind the plaintiff’s table and secure them in a room until such time as the jury renders its verdict.  They can hear what’s going on in the courtroom, but under no circumstances will they be permitted to say anything that can be heard in the courtroom.”

As soon as the unwanted visitors were escorted out, Judge Slocum acknowledged the jurors.  “I apologize for this disruption.  Mr. Willingham, please continue your questioning of this witness.”

Uncle Howie went and stood in front of the witness stand, “I ask you again, Mrs. Tallinn, have you ever been legally married to Mr. Raymond Burnside Lewis, and have you ever received any custodial control over his son?”

Mrs. Whoever was turning red, “As my Father said, they had the wedding to Ivan Tallinn annulled nine years ago, and no I’ve never been given any custodial control over the kid because his Mother is the person with custodial rights over the spoiled brat.”

Uncle Howie was relentless, “Your Honor, we have proof that Mrs. Lyudmila Tallinn is still married to Ivan Tallinn.  They were remarried in Fargo, North Dakota when Mr. Tallinn and the Tallinn’s daughter were smuggled into the country, illegally, seven years ago.  Here is a copy of that wedding certificate.  There is no record of a divorce.  We know for a fact that Mr. Tallinn and the Tallinn’s daughter have been living here in Atlanta for the past four years and that the Tallinn’s get together almost every night.”

Judge Slocum looked at the documents that Uncle Howie had given him, “Have you provided a copy of these documents to the plaintiff’s counselor?”

“No, Your Honor, we had no idea why we were being charged with obstructing justice, so there was no reason to give them advanced warning of what we knew.  We have more information that would influence the jury’s ruling if you would like to have it presented as evidence.”

“Mr. Willingham, I suggest that you provide a copy of these documents to the Plaintiff’s attorney.  He still has the opportunity to present more witnesses before you begin your defense.”

Mr. O’Connor read the documents and shook his head no, “Your Honor, we rest our cases.  These documents prove beyond a shadow of doubt that Mrs. Lewis has done nothing wrong.  It was the court system who failed to take the appropriate actions after the first trial.”

Judge Slocum looked at the jury, “Ladies and gentlemen, disregard the comments that Mr. O’Connor made.  It was made at the wrong time and place.  He is acting as the jury and judge, and I can assure you that he is neither.  Mr. Willingham, please present your case for the defense.”

“Your Honor, I would like to call Counselor Warren Nicely to the stand since the plaintiff’s attorney chose not to do so.”

Mr. O’Connor jumped up, “That was an oversight on my part.  I should be permitted the option to continue presenting our case.”

Judge Slocum pounded his gavel, “Mr. O’Connor, you rested your case.  You’ll be able to cross examine the witness if you should find it necessary to do so.  Please proceed, Mr. Willingham.”

After Mr. Nicely was sworn in, Uncle Howie started, “Mr. Nicely, since the plaintiff alleges that you were involved in a case of obstruction of justice, along with Mr. Christiansen, Judge Flowers and me, will you tell the court how you became involved with the three of us and when was the first time you ever met us?”

Mr. Nicely nodded, “Mr. Ray Lewis made an appointment with me to write his will, and he had Mr. Weaver with him.  I had never met either of the gentlemen, previously.  Mr. Lewis made the arrangements for Mr. Weaver to deliver the documents to Mr. Christiansen to be signed and notarized.  When Mrs. Tallinn found out about the will and the fact that she was specifically excluded from receiving any benefits from Mr. Lewis’ estate, she came into the office screaming that she was going to get the will nullified on the grounds that Mr. Lewis was not in full command of his mental facilities when he signed the documents.”

Judge Slocum looked at the clock, “Ladies and gentlemen, this case will resume after lunch recess, at two o’clock.”

As we were leaving the courtroom, Uncle Howie had a silly look, “I’ll meet you back here at one forty five.  Don’t be late or you‘ll miss the fireworks.  I have to make some final arrangements for our surprise witness, now that I have an approximate time.  Enjoy your lunch.”

To be continued...

Editor's Notes:  I wonder just who that witness will be.

I have a couple of ideas, which I will keep to myself. There is no sense of me making a fool of myself, if I can avoid it, is there?

There were quite a few ridiculous outbursts from people associated with the plaintiff, not to mention the plaintiff herself.  It looks to me as if she has pretty much admitted that she has no right to anything she is asking for. Let's hope the jury sees it the same way.

I can hardly wait for the next chapter.

Darryl AKA The Radio Rancher    

Posted: 01/07/11