Tip & Ty
by: E Walk

(Copyright 2007 by the Author)
 

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

 

Chapter 19

The Trial
 

This is Mark.

When I woke up, I was lying on the bed thinking, ‘I can’t believe it is only Thursday, I wonder what Zack is doing.  Oh how nice it would be if he were lying beside me, and I could just look at his wonderful body.”

I sat up.  I need to go talk to Mr. Jefferson and Doctor Washington about the note I had received from Bobby’s teacher, Mr. Harrison.  I showered and quickly got ready for the day.  I went down stairs and no one was there.  I looked at the clock on the stove.

“Oh poltergeist, it’s only 5:30.  This is going to be a very long day.  I fixed everything for breakfast and went to get the paper.  Everything was ready so I sat down and reread the note that Mr. Harrison had sent me.

I found some paper and a pen and started to write:

Tim,

Thanks for your nice note.  Perhaps you can join Zack and me sometime for dinner.  Right now my primary concern is taking care of Mr. Jefferson’s four wonderful children.  Why don’t you send your phone number home with Bobby, so we can call you to make arrangements to get together?

                                                                   Have a great day,

                                                                   Nano Mark Leavitt

Tip came in and I handed him a cup of coffee, “Tip, please look at the note I received from Bobby’s teacher yesterday and then read my response while I get the children ready for the day.  Breakfast should be ready in 30 minutes.”

I left to wake the children.

This is Tip.

I read the two notes that Mark had handed me.  I sat there thinking about the scenario.  I couldn’t believe how nicely Mark had informed Mr. Harrison that he wasn’t available and informed him in such an innocent way, that he already had a special friend.  He also let Mr. Harrison know that they would be willing to visit with him.

Ty came into the kitchen and I showed him the two notes.  After he had read them, he looked at me, “What should we do, Tip?”

“Nothing, my special knight.  Mark is handling the situation very nicely.  He is trying his best not to let anyone get hurt.”

Ty looked at me, “Special knight huh, when is this special knight going to get to enjoy his first special night so that he feels like a special knight?”

I put my hand on Ty’s penis, Mr. Jefferson, just think, tomorrow night you are going to be howling so loud from our room at the Brown Palace, that your children will hearing you begging me to have mercy.”

Bobby walked into the kitchen, so the exchange stopped.  We soon had all of the children sitting at the table with us when Mark arrived.

He served us our breakfast and as soon as the children had eaten, he had them go get ready for school.  Mark left with the four children and Ty and I finished the cleanup.  As we were finishing, I pulled Ty close and kissed him, “Ty, I do so wish we could have been like this ever since we met. I know you weren’t ready before now, but please just hold me, so I know you care about me.”

Ty got the funniest look on his face, “Tip, please believe me when I say that I have always cared about you, but it is turning into so much more than caring.  Zach will always be a little brother, but I would like for us to be equal partners.”

I pulled Ty close and kissed him with as much passion as I knew how.  I whispered, “Just wait until we get to Denver and I’ll show you how much I love you.”

This is Ty.

Tip has just shaken my roots.  I held him, “Tip, I am scared.  This is all so new to me.  Please be gentle with me and I’m worried about what my children will think.”

I pulled away, “Tip, I need to go, I am supposed to be in court at 10:30.”  I leaned against Tip and kissed him quickly before I started for the garage.

My mind was like a whirlwind as I was driving my new car to the office.  Clarisse and Shawn were already there with Shawn’s sister, Colleen, when I walked in. 

Shawn spoke first, “Mr. Jefferson, a Mr. Alex Gordon called and said he would meet you at the courthouse at 10:00.  A Mr. Jenkins called and wanted to talk to you.  I told him that you had to be at the courthouse at 10:00.  He told me he would get back with you later.”

“Thank you Shawn, I am going into my office to make sure I have everything I need for the Gordon case.  Clarisse, make sure I am out of here in time to get to the courthouse by ten.”

I went into my office and opened my briefcase.  I pulled out the files and started to go through them and realized that I didn’t have the one I really needed for today.  I had been reading it last night, “Oh good gravy, I must have left it on the table in the den.”

I picked up the phone and dialed the condo, ‘I hope Mark is home.’  The phone hadn’t even started to ring when a little voice answered, “This is the Washington house.”

I was surprised, “Barbie, this is Daddy, may I please talk with Nano Mark?”

Mark got on the line, “There’s not anything wrong with the children is there?”

“No, Mark.  Would you please check the den to see if I left a folder on the table by the chair?”

I heard Mark putting down the phone.  It wasn’t long before he came back on, “Mr. Jefferson, there is a file labeled Gordon contract and another labeled Ferguson case.”

“Mark, could you please bring them to the office right away?  I need the one before I go to the courthouse?

“Barbie and I will be there as quickly as we can,” Mark answered, as he hung up.

It was approximately twenty minutes later when Mark and Barbie walked into the office.  I could see them through my open door.  I went to meet them, but Shawn reached them first.  “Good morning young lady, is this your Daddy?  How may I help you?”

Barbie looked at this crazy person, “This is my Nano Mark.  We brought some folders for my Daddy.”

Clarisse was standing there laughing.  I felt sorry for Shawn, “Shawn, I would like to introduce my youngest daughter, Barbie and her Nano, Mark Leavitt.  This handsome young man is Shawn Ferguson.  He is my public relations manager.”

Mark shook Shawn’s hand, “It’s a pleasure to meet you, Mr. Ferguson.  I’m sure we will have many opportunities to visit.”  Mark handed me the folders, “Mr. J., here are the folders you wanted.  I hope we didn’t take too long.”

“Mark, you were faster than I thought you would be.  Shawn, please introduce Mark to our other new employee.  Clarisse, I need to go the courthouse.  I should be back, hopefully, right after lunch.  Thanks again Mark.”  I picked up Barbie, “You be good for Nano Mark.”

This is Mark.

Ty kissed Barbie before he put her down and walked out of the office with his briefcase.

Shawn led us to a gorgeous young lady with bright auburn hair, “Colleen, I’d like for you to meet Mark Leavitt, he is the Nano for Mr. Jefferson’s children.  This beautiful young lady with him is Mr. Jefferson’s youngest daughter, Barbie.”

“This is my sister Colleen Ferguson.  She is the stenographer, secretary, typist or whatever Mrs. Morton doesn’t want to do.”

The young lady came around the desk.  She had a very obvious limp.  She shook my hand, “Nice to meet you Mark.”  She leaned down, “Barbie, you sure are a beautiful young lady.  Why don’t I get you a cookie and some juice?”

Barbie looked at me and I nodded yes.  I heard Barbie ask, “Did, you hurt your leg?”

Colleen didn’t even think, “I had to get a new leg, I was hurt in a car accident.”

Barbie looked a little confused, “Does it hurt?”

Colleen smiled, “Sometimes it hurts, if I walk on it too long.”

Shawn asked me to sit down at his desk.  I knew he had some questions because of the confused look in his eyes.  I noticed that Clarisse was listening too.

Shawn did not waste any time, “Mark, I’m curious as to how someone becomes a Nano and what do you do?

I started to laugh, “Shawn, most people would call me a Nanny.”  I explained why the children decided I couldn’t be a Nanny.

Clarisse and Shawn were laughing and Clarisse interrupted, “You must have had some excellent references for Ty to have hired you.”

I shook my head no, “This is my first real job.  I worked in a day care facility for a while after I got my master’s degree, but I was grossed out by the care they provided the children, so I started to work at the conditioning center at the condo complex where Doctor Washington and Mr. Jefferson live.”

Mrs. Morton asked, “So that’s how you got the job?”

I started to laugh, “Not exactly.  When I got to Doctor Washington’s condo for my interview, both he and I were surprised to see each other.  I had never met Mr. Jefferson, Zack or the children before the interview.”

Shawn asked, “Who is Zack?”

Mrs. Morton was laughing, “Zack is Mr. Jefferson and Doctor Washington’s younger brother.  He is a graduate student at the University of Kansas.”

Shawn had a funny look, “So Mark, how much money are you making as a Nano and what are your hours?”

I guess I must have looked embarrassed, “Shawn, Mr. Jefferson and Doctor Washington have been more than fair.  They are paying me $1000.00 a week plus I am a live in Nano so I am also receiving free room and board.  In exchange, I do most of the cooking and the laundry.  In addition, Doctor Washington is paying me extra to do the cleaning.  Now, if you will excuse me, I need to collect Barbie.  We have things we need to do.”

I stood and shook Shawn's hand, “It was nice meeting you, Shawn.  Perhaps we can visit more later.  Mrs. Morton, I guess you have two more bottoms to kick around.  Don’t wear out that kicking leg and make sure Mr. J. gets home at a decent hour, since he needs to pack for his trip.”

I went to the lounge to collect Barbie, “Colleen, it was nice meeting you and thank you for taking care of Barbie.  We need to go.”

Barbie waved to everyone as we left the office.

This is Ty.

Thanks to Mark, I got to the courthouse on time.  I was walking to where Alex and his wife were sitting.  A gentleman was talking to them.  I noticed that Mr. Jenkins was also sitting there.  My mind was in overdrive.  Why are these two people together and who is that man?

The gentleman left and I walked up to Alex and Diana, his wife.  Before I could say anything, Alex spoke up, “Ty the opposing lawyer, just offered us $100,000.00 to settle this case out of court.  What should we do?”

Mr. Jenkins interrupted, “Son, don’t do it.  They know that you have them over the barrel.  Go in there and I’m sure that Mr. Jefferson will get you at least five times that amount or maybe even more.  They know that they are in the wrong or why else would they be trying to settle out of court?”

I looked at Mr. Jenkins, “Mr. Jenkins, may I ask what you did before you retired and started traveling?”

“I was a lawyer and then I became a judge.  I retired because of all of the ridiculous claims that were coming to the courts.  I don’t know what this case is about, but I can just feel that a big corporation is trying to cover some misdeed here.” 

We walked into the court room.  Alex and I went to the defendant’s area.  There was one person sitting at the prosecution table.  I leaned over, “Alex, is that the attorney who couldn’t represent you because of a conflict of interests?  He’s also the person who offered you a settlement isn’t he?”

Alex shook his head yes.  I looked around and Diana Gordon and Mr. Jenkins were sitting behind us, and there was a person who was obviously a reporter and a well dressed man was sitting behind the prosecutor’s table.

The court openings were completed.  The judge, Judge Curtis, was seated, “This is the case of the Speedy Shoe Company versus Mr. Alex Gordon.”

“Mr. Dinardo, is the prosecution ready?”

“Yes, your honor.”

“Mr. Jefferson, is the defense ready?”

“Yes, your honor.”

“Mr. Dinardo, please make your opening statement.”

Mr. Dinardo stood, “This is an open and shut case.  Mr. Gordon failed to meet the terms of a contract he signed when he refused to make two commercials for the Speedy Shoe Company because he did not approve of the contents in the advertisements.”  Mr. Dinardo sat down.

Judge Curtis looked at me, “Mr. Jefferson, please proceed.”

“”Sir, we will have evidence that proves Mr. Gordon was exercising his legal rights when he chose not to do something that he found unacceptable.”

I sat down.

Judge Curtis had been taking notes, “Mr. Dinardo, please proceed with your case.”

Mr. Dinardo stood, “Judge Curtis, the prosecution would like to enter a notarized copy of the contract that the defendant signed as the prosecution’s exhibit A.”

Judge Curtis looked at me, “Any objections, Mr. Jefferson?”

I looked at the document, “Judge Curtis, we strongly object your honor.  This document is not complete.”

“The document will be entered with Mr. Jefferson’s objection noted.  He took the document and looked it over.  “Proceed, Mr. Dinardo.”

“The prosecution rests.”

Is defense ready?”

“Yes your honor, the defense calls Mr. Dinardo, the prosecuting attorney to the witness stand.”

The gentleman was very surprised, but took the stand and was sworn in.

I started, “Mr. Dinardo, would you explain your position in this case?”

“I’m on the legal staff of the Speedy Shoe Company.”

“How long have you been working for the company?”

“I started working for the company about six months ago.”

I looked at the copy of the contract that I had.  It was dated nine months ago.  I approached the Judge, “I would like to enter the complete contact that Mr. Gordon signed in August of last year into evidence.  Please note the date on the contract and the codicil that my client insisted be added.”

The judge handed the contract to Mr. Dinardo and he started to fidget in his chair.

I wasn’t about to let him off the hot seat.  “Mr. Dinardo, did you know of the codicil that Mr. Gordon insisted be added to the contract?”

“Yes.”

“That’s odd; it was signed before you went to work for the Speedy Shoe Company.  How did you know?”

“I was Mr. Gordon’s lawyer until the company decided to sue him for breach of contract.  I dismissed myself as his lawyer because of a conflict of interest.”

I looked at him, “I guess the company must be paying you quite well to cause you to abandon your former client.”

Judge Curtis banged his gavel, “Mr. Jefferson, you have made your point.  Can we get on with the case?”

Mr. Dinardo went back to his table and I announced, “I’d like to call Mr. Alex Gordon to the stand.”

Alex went to the witness stand and was sworn in.  I didn’t waste any time, “Mr. Gordon, why did you insist on that the codicil that gave you the right to not to do commercials that you deemed weren’t appropriate and which misinformed the viewers and readers?  What was so objectionable in the advertisements that led to this case?”
 

Alex looked at the judge, “I wanted the codicil added because there are too many ads that are making claims that are simply not true, and even unreasonable.  I feel that they are misleading the youth and making them think that they can do things because of what the ads say they can.  The first ad that I refused to do, claimed that the Speedy shoes would enable them to run faster.  Everyone should realize, it is not the shoes but rather practice and determination that will enable people to run faster.”

“The second ad claimed that Speedy shoes would make your feel like you are flying.  That’s preposterous, how would shoes make you feel like you are flying?”

“I couldn’t morally be associated with either of the ads.”

“Thank you Mr. Gordon, your turn Mr. Dinardo.”  I said as I sat down.

Mr. Dinardo looked rather beaten, “No questions, Your Honor.”

The gentleman who had been sitting behind the prosecution table stood, “Judge Curtis, may I approach the bench?  I think I can save the court from spending anymore time on this case.”

Judge Curtis looked up, “This is highly irregular.  Please state your name and how you can help with this case.”

“Sir, my name is Neil Trout and I’m the CEO of the Speedy Shoe Company.  I would like to apologize to Mr. Gordon and assure him that we will honor the contract with the codicil.  The company will pay all court costs to include Mr. Jefferson’s fees.  He turned to me, Mr. Jefferson, I would like for you to prepare the paperwork and I will sign it.”

Judge Curtis had a funny look on his face, “Well, this is certainly a first.  Mr. Jefferson and Mr. Gordon do you have a problem with accepting Mr. Trout proposal?

I deferred to Alex. 

Alex looked at Diana and back at the judge, “Your honor, we accept conditionally, but if things do not work out, we reserve the right to file a counter suit.”

The Judge shook his head and said, “So ordered.  Case dismissed for the time being.”

Mr. Trout approached us, “Mr. Jefferson, I would like to meet with you and the Gordons later today to work out the details.  Mr. Dinardo and I need to get back to the company headquarters now.”

I looked at Alex and Diana, “Why don’t we meet at my office at 4:00 this afternoon.  Can you make it?”

“We’ll be there.”

I turned to Mr. Trout, Here’s my card, and I’ll have everything ready.  See you about four o’clock.”

I turned to Mr. Jenkins, “Mr. Jenkins, let’s go to lunch.  I think that you have some things that you wanted to visit with me about.”

To be continued... 
 

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Editor's Notes:

My goodness, that was a quick and clean court hearing. I think I want Ty to be my lawyer if I ever need one. I know I could trust him with anything.  In terms of Doctors, there are just way too many to choose from in the area. They are all wonderful and I would trust them all with my life.

I want to point out that there are other wonderful stories written by E Walk. I highly recommend them and I must admit that I am also the editor for Two of them. The other story is edited by Will B. Of course, there are people who appear in The Doctor Gets a Visitor, and the General's Son, that also appear in this story, and some of the characters that appear in one of Will B's stories appear in the wonderfully funny story called Pinochle, as well.  Will writes some interesting stories as well.

Now for the reason that I mentioned all that, Uncle Ed and Arli have been talking and Arli is writing a companion story to Pinochle. It is a very nice story and has some of the characters that appear here and in other stories that Uncle Ed writes. Let's all read and enjoy all of the stories, and please let these fine authors know how much you enjoyed their work. Send them an e mail. They will appreciate it very much.

Darryl AKA The Radio Rancher

Posted: 11/23/07