Colin and his Hitchhikers
By: Jon Stewart
(© 2019 by the author)

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

jstewart@tickiestories.us

Chapter 11
The Trial

The trial of Mr. Brown was fast tracked and Josh and Jimmy were called as witnesses. The prosecutor had arranged for a separate room with closed circuit TV for the boys considering the sensitive nature of the case and their ages. The defense lawyer objected.

"Your honor Mr. Brown is on trail facing a life sentence of incarceration. His position is these incorrigible foster boys are lying. He has a right to have them face him. He is the good guy here having brought the boy onto his farm and he provided a stable and healthy home environment.

Judge Goodfellow almost choked when Mr. Brown was described as the good guy but according to the law he reluctantly had to agree with the defense.

Jimmy took the stand first and swore to tell the truth and the whole truth.

The prosecutor was a Mr. McDermott. He began his questioning.

"Jimmy, do you know the difference between a lie and the truth?"

"Yes Sir"

"Explain it to me please."

"Easy if Mr. Brown says he didn't hurt Josh he is lying- if he tells the truth he says he did."

Court burst out laughing. Judge Goodfellow was banging his gavel and asking for order in the court.

Mr. McDermott scratched his ear.

"Well that is good but just explain without bringing Mr. Brown into it; you can tell me about him later."

Jimmy looked puzzled and said "How come isn't that why we are here. He's a bad man, a bad bad man he hurt my brother bad awful. He never woulda done that if my daddy was alive."

McDermott, "Jimmy, the judge and jury need to know you understand and the defense lawyer is gonna say you don't know what you are talking about. So I want to show you do understand and know what you are talking about."

"Ok, so say I cause trouble in school and am talking when the teacher is talking. And she asks who was talking, was it you Jimmy? If I stand up and say it was me I am telling the truth. If I don't well or answer not me no mam, I am lying."

"Very good, Do you stand up and tell the truth in school?"

"Well I gotta, if I am stupid enough to break the rule; I gotta be man enough to take the punishment. Only my teacher Mrs. Morgan, I think she kind of likes me and usually says don't do it any more because you are truthful you don't have to stay after; and I shut up. "

"Good, it's good to see you are truthful. When you went to stay with Mr. Brown where did you stay."

"He had a dirty old room in the barn with a couple of mattress in it. They smelled awful bad. It was cold, so cold in the beginning. And there were rats that lived there. Once I woke up and one was biting on my toes and I kind of cried. Josh got a shoe and killed it. He made me sleep close to him that night. When I woke up in the morning Josh was sitting up with the shoe in his hand watching that no other rats tried biting us. I asked if he slept he said sure but all the long day he was rubbing his eyes and yawning like he was real tired."

"What did you eat on the farm?"

"We each had a cup of coffee in the morning and at lunch we had 1 peanut butter and jelly sandwich to share and the same for supper."

"That's it nothing else?"

"Well there was 4 milk cows that we had to milk. Josh found and old jug and cleaned it out real good. When we milked the cows we kept a little of their milk. The milk was pretty good. When we collected the eggs from the chickens we kept a couple of them. Raw eggs ain't so good but it beats starving Josh said. We had a cup and drank a lot of water."

The court was 100% quiet you could have heard a pin drop. All the ladies were wiping tears away from their eyes and half the men; including Mr. McDermott.

"What kind of work did you do?"

"Well taking care of the animals was a big thing. The stalls had to be kept clean or else they could get sick. The pig pen was real dirty and stinky I hated that, first time I did it I vomited. Josh was the one to go in and clean all the muck out; he told me to stay on the side. We had to bring in these big bags of feed for the chickens. They were so heavy and it was no good it I dragged it on the ground. Josh put his on his one shoulder and helped me carry my bag with his other hand. Then as the crops grew we had to go into the fields and pull out every weed."

"Did Mr. Brown ever help you with any of these chores?"

"Nah, he only showed us how one time, then yelled like a crazy man if we did it wrong. Sometimes he took away the supper sandwich if we didn't do it right or if he was just feeling more mean than usual."

"What were you doing the day Josh was hurt?"

"We had been in the field all day, picking the weeds it was so hot. When we was done, we had our sandwich. We went over to the water hose by the barn and took off our clothes and Josh sprayed me and I sprayed him to get the dirt off. His ahh you know the part what should I say?"

"Penis, Jimmy how about pecker"

"Yeah good one, his pecker got big and hard. He started playing with it and I played with mine too and I got hard too. Is it ok that boys play with their peckers, Mr. McDermott?"

"I'm pretty sure Jimmy, I bet every man here has done it ."

"Good, I don't want to be telling of breaking any laws..."

Jimmy started shaking. Finally he said, " Mr. Brown comes over with his pecker out and tells me to knee down and open my mouth. Josh got between us and pushes me away.... Jimmy starts to cry but goes on. "Mr. Brown says ohh you want to take your little brothers place..... Oook big boy on your knees..... Jimmy's voice is crackling. Mr. McDermott moves the microphone closer so all could hear... Josh he didn't move he just stood there. like a statue. .... Do I gotta tell Mr. McDermott?"

"Yes as best as you can, you are a very brave boy, your dad in heaven is watching and listening for you to tell about Mr. Brown. You don't want him to do to other boys like what he's done to you and Josh."

Jimmy, wiped his eyes and took a deep breath, "then Brown took his belt off and said last chance you're gonna do it or die. I remember those words exact, it scared me real bad cause I was afraid Josh might not do it. He stood up there so strong. Brown whipped him with his belt. Josh turned his back to more protect himself. Brown whipped him so much his arm was tired and he had to switch arms. Josh fell down. Brown was yelling beg for it, I know you want it, beg for it boy. It seemed like forever he was whipping him. Blood was all over Josh's back, I thought he was gonna die. Finally, Josh asked if he could suck it. Brown stopped and Josh gave him what he wanted, after awhile Brown turned my brother over and put it in him. When he was done, I helped wash the cuts with the hose and the blood from his backside. Jimmy eyes were set his jaw tight and firm, his little fists were clenched. He looked directly at Mr. Brown with a deep hard stare. Brown is a bad, bad man and I would kill him if it wasn't against the law."

McDermott went over to Jimmy put his arm around him and whispered "Good boy Jimmy, Your dad is so proud of you, as are all your family. I am very proud of you. I have a son and if he could be just like you I would be very happy." In a loud voice McDermott said, "No further questions your honor, the prosecution asks for a recess for the witness to compose himself. This has been a very trying experience for 11 year old Jimmy."

The defense counsel went to object.

Judge Goodfellow, smacked his gavel, "Sit down Counselor, this court stands in recess till 9:00 tomorrow morning."

Colin and Robbie and Chris and Doc and Joe Elsberry, and Mr. Pulaski were there as well. Josh of course went to his brother. The adults all pounded Jimmy on his back telling him what a good job he did. It didn't matter much to Jimmy. He looked at Josh.

"Did I tell it good enough Josh?"

"Yeah, I guess so you did what needed to be done. But I'm the one that everyone is gonna be looking at. Who sucked his dick and took it up the butt. I know it's the truth, I just wish the whole world didn't have to know." With tears now in his eyes Josh said, "I don't want Maggie to know, Jimmy."

Jimmy looked at his older brother who was always so brave and strong, and smart and who always took care of him and he saw, really saw how badly Jake Brown had hurt him. Jimmy hugged him like he had never done before. "She won't know, I'll make sure of it; She'll never hear of it. Just bad stuff that's all."

Jimmy went over to Mr. McDermott who was talking to Robbie and Mr. Pulaski. He pulled on his sleeve to get his attention.

"Yes Jimmy."

"You gotta do me a favor."

"What is it?"

"You gotta figure a way, Josh's girl friend never finds out what happened. You guys are real smart lawyers and know all sorts of stuff; you gotta do it. It's the only thing my brother ever asked of me and I gotta get it done."

"Of course, how stupid of us." Robbie said.

Pulaski said, "we gotta get a gag order on the press and get both O'Shay boys names stricken from the records. Mac can you get to the Judge while Robbie and I contact the press."

"Ok, Jimmy let us get to work." Robbie said.

Mr. Stuart McDermott went at the trot to catch up to Judge Goodfellow. He caught him just about to leave his chambers for lunch.

"Judge, judge I'm so happy I caught you."

"What is it McDermott? Wanna take me to lunch you are buying."

"Certainly your honor, it'll be a privilege."

"Ok ,if it's worth a lunch to you it must be important. What's up."

"You honor little Jimmy, reminded me I didn't do my job. I didn't ask for a gag order and the keeping the identities of the O'Shay boys confidential. How is Josh O'Shay gonna face his girlfriend if this is public knowledge . These boys have been though so much your honor."

"OK, stop your blabbering, you are right I should have imposed it myself." Have you gone to the press yet?"

"We have two men doing that as we speak."

"You tell them the gag order is in place; any news or media out let that lets this out will be subject to the most sever Contempt of Court penalty ever imposed. You got work to do; I can get my own damn lunch."

McDermott smiled at the judge and shook his hand. He rang up Pulaski's cell phone. "We have the gag order and woe be to anyone who breaks it. Judge Goodfellow said he'll find the most sever contempt of court charge and double it."

"Good job Mac, we are at my office across from the court house. Do me a favor and stop by security and get a list of everyone who attended the hearing. "

They were joined by Chris, Joe and Doc Elsberry. They spent the afternoon calling every news or media out let in the state concentrating on those who presented credentials at the trial. All cooperated and all details of the rape as describe by Jimmy were to be left out of the story and Jimmy was to be witness A and Josh witness B.

Back at Colin's house for dinner. Robbie said, "Jimmy you can never be 100% sure of these things but I am 99% sure the details and your's and Josh's name will never be heard in any media or newspaper. By the way you are witness A and Josh will be witness B."

"Wow did you hear that Josh. We are A & B no one will know who we are. Maggie will never know."

"You sure Robbie?" Josh asked.

"We called every media and newspaper outlet in the state. And NY state has a bunch. My fingers are sore from punching the keys. Tomorrow we will sneak you into the court house in case someone tries to take pictures. But if Judge Good fellow catches them they are dead meat."

A little smile crept over Josh's face. "You did all that for me?"

"Jimmy said it's the only thing you ever asked of him and he had to make it happen. It's only right, we should have asked for this at the start of the trial and the Judge should have imposed it on his own. After the trial you'll have your life to lead and you don't need the whole world knowing your private stuff."

Josh got up and hugged Robbie and said thank you. Then he went over to Jimmy and hugged him - "You are the best bro in the whole world."

"Oh no, I'm not wearing that one. I can count up a hundred maybe a thousand times you've always taken care of me. I didn't do nothing but ask some smart guys to help. You are now and always will be the best bro in the world."

Colin called all to come for dinner, Nana had her pot roast knowing it had been a hard day on everyone. The boys asked for more mashed potatoes and gravy. As did everyone else. They all relaxed a bit. Jimmy was thinking of stuff to say to Browns lawyer. His brain was working overtime and he was a very smart 11 year old.

The morning brought Jimmy and Josh to the rear door of the court house along with Robbie, Colin and Chris to avoid any media on the front steps. They were met by one on the sheriff's deputies who checked the alley before they were allowed to get out of the car and then guided through a maze of underground tunnels, stairways and hall to a room right off the court room. The deputy, was 6ft 5 and about 250 lbs of pure muscle. He stopped the boys and the whole group and said, "You guys are super brave, my job is to protect you and your identities. You don't have to talk to anyone unless you wanna. I'll be watching you every second you just give me a nod and I'll clear anyone, I mean anyone out of your way. You with me?"

Jimmy and Josh answered, "Yes Sir." Who wouldn't say yes sir to such an imposing figure.

On the way there was one photographer who knew the layout of the court house. The deputy immediately called for backup - secured Josh and Jimmy out of sight, then confiscated her camera and searched her for any others. "You can pick up your cameras at the sheriff's office once they have been cleared of any pictures. I shall hold you press creditials and inform Judge Goodfellow of your actions. Mam you had to pass several "for official use signs only" to get to the point where you are at. You are either blind or choose to deliberate ignore them. If you don't want to be charged with criminal trespass, I suggest you let this officer escort you from the building and NOT RETURN. A gag order is in place to protect the identities of two witnesses and by God it is going to be enforced. Am I clear?"

The photographer nodded and was escorted out of the court house.

The deputy then brought Josh and Jimmy to the little office off the court room.

At the door all cell phones were being confiscated a tag number was issued to the owner and the phone was put in a little plastic bag with the another copy of the number. Everyone was also being screened for any possible hidden cameras.

The judge entered the chamber. He went into a brief discourse on the gag order and the protection of the identities of the two underage witnesses. "Ladies and Gentlemen I believe the testimony presented here shows these brave young men have already been put through more hardship in their short lives than most of the adults here present. It will be the duty of this court to not let their testimony present further hardship to them as they go forward. Certainly there are sensitivities here that no adult never mind a teenage boy would want to be common public knowledge. So I have the power to exercise contempt of court citations and I shall issue the largest and most sever contempt charges to anyone who violates my gag order. With that said please have witness A come to the stand and complete his testimony."

The clerk called Jimmy and he took the stand. Mr. McDermott reminded him he was still under oath from yesterday.

"Now Jimmy, you have had the advantage of having yesterday to consider your testimony. Is there anything you want to add or change?"

"You know, Mr. McDermott you never asked so I couldn't tell. Once me and ahhh witness "B" saw Brown give Miss Silver what looked like a bunch of money."

"Why does that seem important to you?"

"Well at the other foster home where we had to leave the social worker lady, Mrs. Jenkins always was giving money to Mama Jenny, the foster parent . This was the other way around, seemed strange to us cause Brown was so mean and Mama Jenny was so nice."

"OK, Jimmy, No more questions at this time your honor, I reserve the right of redirect your honor."

"Your witness, counselor."

Johnson practically jumped from his chair and got right up close to Jimmy.

"Now boy you said that you had a room in the barn but really there was a fine room for you and your brother in the house isn't that right?"

"Yes, sir, the only time we was in the room in the house was when we had to clean it cause Silver was coming."

"Now boy, enough of this charade, the sheriff was at Brown's farm with all his deputies and didn't find any room in the barn with old mattresses. So tell the truth you slept in the room in the house."

"Can't do it cause it's not true. I don't know about what the sheriff saw. I do know how we had to live there and what I said is the truth. No disrespect meant but you should brush your teeth after breakfast. Could you back up a bit. Your breath is stinky bad."

The court room howled. Judge Goodfellow had to try to hide the smile on his face.

Mr. Mc Dermott got up and objected to the defense lawyer trying to intimidate the witness.

Judge Goodfellow sustained the objection and Mr. Johnson took a step back. Judge Goodfellow gave Johnson a stern look and he backed up another step. Jimmy smiled his biggest smile and for sure the whole court room including the jury was on his side.

Johnson asked the Judge to instruct the witness to only answer the questions as he asked them.

The Judge looked at Jimmy and said, "Now young man no additional comments are to be presented by you except to answer the defenses questions honestly. Can you do that?"

"I'm not sure Judge if he doesn't let me tell the whole story, to tell the truth I gotta say it right don't I?"

The Judge was a little flabbergasted, Jimmy was a brash one that was for sure. "Mr. Prosecutor please have a conference with your witness explaining court room procedure before I am forced to find him in contempt of court. Court is in recess for 15 minutes." As the Judge walked off the bench he gave a slight smile to Jimmy, winked and just the tiniest of a thumbs up sign. Jimmy smiled.

McDermott, got Jimmy into the conference room with Josh.

"Ok now Jimmy, you are doing great; but you've been told by the Judge, now, to only answer Johson's questions and you have to do what the Judge says. So no more explanations, just give the shortest answer possible. Johnson is gonna ask what were you doin before Josh was attacked. What's your answer?"

"We was washing, we didn't have a bathroom and the cow poop was all over us."

"Wrong answer - one word... washing. He'll ask why were you naked? What's your answer?"

"To get clean all over."

"Now I have redirect so after Johnson is done I'll read you his question and your answer ask you if you to
have anything to add. Understand, kind of stupid but that's how we play. Kind of like in basketball the no walking rule."

"Yeah that's a tough one. OK I get it. Tell him as little as possible and then tell you the whole story."

Josh said, "Ya gotta stay calm Jimmy, don't let him get you mad. Just remember you'll get your chance to explain later."

"Yeah, but I wanna tear that guy up. I don't like him."

"You've already done a good job of that. Look at the jury and the whole court room even the Judge is on your side. I saw Johnson getting in your face but I wanted you to back him off and you did it just great."

"What did you do Jimmy?" Josh asked

"I told him he had to brush his teeth he had stinky bad breath."

Robbie and Colin almost fell off their chairs laughing. McDermott looked at them and smiled and just shook his head up and down.

"Yeah the Judge winked and gave me a thumbs up sign as he went to his room."

"Really, I've know Judge Goodfellow for 20 years first time I've ever heard of anything like that. Stick to the plan and Brown will never get out of jail."

Fifteen minutes were up. The clerk called Jimmy back to the stand.

Johnson got right up in Jimmy's face again. Jimmy looked up to the Judge. He gave Johnson another stern look and asked, "Counselor, do I have to draw a ring on the floor for you so you can honor the witnesses personal space."

"No your honor." Johnson backed up.

"So, on the day in question after your work what were you doing?"

"Washing"

"Were you naked"

"Yup"

"How come?"

"How come what?"

"How come you were naked"

"To get clean all over"

"Did you always get naked to wash."

"A lot"

"Why"

Jimmy smirked, "To get clean all over & cool off"

"Don't you do it to play with yourself"

"Hmm not really"

"Were you playing yourself the day in question?"

"Hmm I think so."

"But you got naked to get clean and cool off or you got naked to play with yourself. Which is it?"

Jimmy looked at Mr. Mc Dermott smiled & who gave the ok sign.

"We got naked to wash after you get cooled off you feel kind of different. I guess you adults call it sexy so we did what all guys do we played with our boy parts. Bet most everyone here has done it cept maybe you and Brown."

Jimmy again brook up the court room. Johnson said, "Your honor"

Mc Dermott got up and said, "he was only answering and explaining his answer, to the question."

Judge Goodfellow said, "He was ok till the cept you and Brown part, Now young man if you make another unsolicited remark like that I'm going to have to charge you with contempt of court. I told you not to make those remarks didn't I?"

Jimmy said, "Yes sir, sometimes stuff comes out of my mouth before my brain thinks about it. I'm sorry your honor."

"Well you better slow that mouth of your's down or there will be serious consequences. ... Go on counselor."

"Were you playing with yourselves for Mr. Brown's benefit."

"I really don't understand your honor."

"Rephase, if you will counselor."

"Were you playing with yourselves so Mr. Brown would see and start feeling sexy too?"

Jimmy again looked to Mr. Mc Dermott, who gave no real signal but mouthed be careful.

"Brown's house is around the corner and a good walk to the corner of the barn where the hose was kept. So if he was seeing us it was because he walked out of his nice house, down and around the corner to the barn. So we were just playing around and having a little fun. If anything we were trying to forget about Brown and the miserable day we had. So No "

Again Johnson complained to the Judge.

Judge Goodfellow said, "I see nothing wrong with the answer. He explained in detail very respectfully the layout of the property and why they could not be doing any of their playing around for the benefit of Mr. Brown. Who he obviously dosen't like. Continue counselor."

"Did you play sexy games with your brother?"

"Wanda ya mean, gay stuff?"

"Yeah gay stuff"

"Nope"

"Ever wanna?"

"Nope"

"Didn't you want to taste Mr. Brown's penis"

"EWW NO"

"Your brother pushed you out of the way, you said when Mr. Brown presented himself to you?"

"Yup"

"He did that because he wanted it for himself wasn't that it?"

Jimmy's eyes nearly bulged out of his head, he stood up with his little fists clenched.

Mc Dermott yelled "Recess your honor, recess please, please your honor"

"OK Mr. Prosecutor a 10 minute recess."

McDermott rushed up to Jimmy and pulled him off the stand and into the conference room.

"Just calm down Jimmy, calm down. You are gonna answer that with one word NO - you hear me. Jimmy. Then I promise you'll have your turn to explain. You can say whatever you want when I re-ask the question. Don't screw up now you've been so very good. That is about as mean a trick as I have ever seen but you stay strong and you're gonna bury that bastard I know it."

They knocked on the door 10 minutes are up, Jimmy took the stand. Judge asked, "Clerk will you read the last question of the witness"

"To keep in context your honor I'll read the last two.

"Your brother pushed you out of the way, you said, when Mr. Brown presented himself to you?"

The witness answered "Yup"

"He did that because he wanted it for himself wasn't that it?"

"No"

With a scowl on his face Judge Goodfellow asked, "any other questions counselor"

Johnson knew Brown's case was done for.

"Anything or redirect counselor?"

"yes your honor" McDermott put on his best bedside manner. "Now witness A, when Mr. Johnson asked "He did that because he wanted it for himself" was there more that you wanted to explain there.

Jimmy took a deep breath and then another. "Yes"

"Tell me what you wanted to say."

"I just don't understand why he can't see, before my brother did what he did he was beat half to death."

Jimmy was trying to hold back the tears but they were running down his face. He kept having to sniff his nose but he was gonna say what he had to.

"He could have taken the beating and died. DON'T YOU SEE, DON'T ANY OF YOU SEE. HE DID IT BECAUSE I WOULD BE ALL ALONE TO FACE BROWN ALL BY MYSELF. When dad got called overseas and when mom couldn't take care of us he was always there for me. And that man said that about him it's not right. He has always protected me and that's what he did that day."

Johnson just hung his head over at the defense desk.

McDermott looked at the jury. The ladies were all dabbing the tears from their eyes the men looked stern and mad as all hell. For sure Johnson's scheme to paint Josh and Jimmy as instigators was not working.

"Anything else."

"No sir"

Judge Goodfellow said, "The witness is excused with the thanks of this court. You are a very brave lad to face the questions posed to you today. You answered all very well. We will break for lunch and resume again at 1:30."

After the break, Mr. Mc Dermott called Josh, Witness "B" to the stand.

Josh took the oath. Mr. Mc Dermott asked whether he knew the difference between a lie and the truth.

"Sure, yes I do."

"Can you give an example so the jury knows?"

"Ah, ok, if I take your pen and the Judge asks where did I get the pen and I say I brought it at the store. That's a lie. If I say I took it from Mr. Mc Dermott that's the truth."

"Your brothers been up here almost an entire day between yesterday and today."

"Yeah, he talks a lot." Josh smiles.

"He said, at Mr. Brown's you slept in the barn on dirty stinky mattresses was that the truth?"

"Yeah, I don't think he ever lies. Our dad taught us that."

"He said you only got 2 peanut butter and jelly sandwiches a day for both of you. Was that correct?"

"Yes Sir"

"He said you washed off with the water hose from the barn. Is that correct?"

"Yes sir - can I add to that ?"

"Yes"

"You see we didn't have a bath room. We had to do our hmm poop where the cows were and had to clean that for them. We didn't have toilet paper so to kept our selves clean we had use the water to wash our ahh backsides. That hose was the only way to do that stuff."

"He said you got naked and played with yourselves."

Josh smirked, "Well we got naked to wash especially our backsides. The dirt there made you smell and itch like crazy. In the cold months it was hard to wash but we had to do except on the coldest days. When it got warm after we washed, we felt kind of sexy and played with our boys parts. It felt good to be almost clean. We scrubbed each other's hair and being close like that that I guess we got excited."

"When Mr. Brown came on you that day what were you doing?"

Josh took a deep breath, " Well what most 13 year old guys do with their parts when they are naked and excited."

"When Brown took out his member and put it in front of Jimmy what did you do?"

"I knew the two of us couldn't beat him in a fight not without a club or something . There wasn't anything around so I did what my dad had told me to take care of my brother. I couldn't let Brown do that to him. It was so sick. I pushed him away."

"So Brown came after you?"

"Yeah, I guess so."

"So when Brown threatened you what were you thinking."

"Maybe I can wait him out, Maybe he'll get tired and forget about it."

"Did he."

"He got a little tired but he wasn't gonna forget about it. It was almost like he was enjoying beating me."

"What made you change your mind and do it?"

"After a while the belt became like a part of me, just like breathing. I could feel the blood running out of me. Now you are gonna think this is crazy but my dad I feel him in me a lot of times. I felt him say you gotta stay alive, you gotta survive for Jimmy. Just do it. So I did"

Wow, did you and witness A rehearse your answers?"

"No, we both know what happened. There was nothing to rehearse."

"Witness A said the same thing about why you finally did it."

"He's pretty smart for a little brother."

"Would you stand up and show the jury your back?

"I'd really rather not. I don't like being a sideshow freak."

"Please I think it's important."

Josh got up, Mc Dermott took his arm and led him right in front of the jury box.

Josh, pulled the shirt out of his pants. He went to un-botton it.

Mc Dermott whispered, "Can I just pull it up in the back so you don't have to do that."

Josh nodded yes.

"Hold your arms up" whispered Mc Dermott as he gently raised Josh's shirt up to his neck

The welts and scars had his back looking like a piece of hamburger meat.

Gasps were heard in every corner of the room.

Mc Dermott gently pulled the shirt down. He whispered, "Thank you very much Josh. In another time and another place Brown would be whipped till he was dead and I would do the whipping. I'm so sorry this happened to you."

Mc Dermott said, "I have no further questions of this brave lad."

As it was almost 3:00 Judge Goodfellow said they would resume in the morning. And he again reminded everyone of his gag order.

Josh, Jimmy and their team were again led out to the back door. The deputy went out first to check the area and saw red when he spied the same troublesome photographer sitting behind dumpsters The area was protected by a half dozen signs that read "Restricted Access Official Use Only. " He went back inside and told the group to wait until he had cleared an obstacle. He called for backup and he told them to put her in lock up.

A second more intensive sweep was made of the area checking every possible camera vantage point. Then Colin was given the ok to leave the parking lot proceeding to the pick up point. Colin got them and immediately went home. To continue hiding the boys identities Colin contacted Joe Elsberry.

"Joe I need your help."

"Anything Colin what can I do for you."

"We, and that includes the court have decided to keep the boys identities secret. In court today a gag order has been issued and their names are stricken from the records. I need you to cover up their situation at school. They have to be marked present to prevent someone from finding out they were out of school. Can you do it?"

"Yes I can Colin. I suspect they could be subject to a lot of unnecessary and embarrassing attention."

Immediately after the end of proceedings Johnson, searched out Mc Dermott.

" Look Mac, I am sick of this, I am sick of representing Jake Brown. I am ashamed of my cross today on that boy and I'm glad he kicked my ass. Give me something to take back to Brown. I'll flip him on Silver. I swear I will. Give him the possibility of parole in 20 - 25 years. I don't want to have to cross the older boy. "

"Ok, give the possibility of parole in 25 years if he lives that long. "

"What about protected security against the other inmates?"

"That's up to the warden but I'll request it. You wrap Silver up into a nice easy ball. I don't want to bring these kids back to testify against her."

Johnson went back to Jake Brown, "Hey Jake, the whole world knows you've done this. They have DNA evidence plus the kids testimony. You are looking at a life sentence and no possibility of parole. You saw the faces on that jury. If they could hang you; they would all pay for the rope and string you up right in front of the court house. I took a shot at breaking the young kid and got nowhere. Now, I have a deal from the DA. You flip 100% on Silver, everything and anything you can possibly give him to convict her, of course plead guilty and as opposed to no parole you could have parole after 25 years plus he'll recommend to the prison warden you receive protected custody. Now at least, you have a chance to turn your life around. One other thing Jake, if you don't take it find yourself another lawyer if you can. Not that anyone would touch you with a 10 foot pole. I'm not doing anymore damage to my reputation defending you and trying to character assassinate those kids. What's it gonna be? It's the best you are gonna get."

"I don't know what drove me to it. I never should have treated those kids that way. Take the deal I'll do the plea and give him all I can on Silver."

Johnson immediately called McDermott and told him the outcome. "It gives him a chance to turn his life around. It seals the deal on Silver not that you needed much help. Not that it means much Mac, he does seem genuinely sorry."

"OK done. Change your plea first thing in the morning. I'll let the judge and all interested parties know."

Mac called the Judge. The Judge said. "Good work we'll get this disgusting matter done. The State of
New Youk doesn't need any more bad press. Have him be 100% culpable, Mac. "

Colin was happy that the boys did not have to go back to court. He thought they had way too much of bad memories. Josh and Jimmy were elated as well. "Does this mean I don't have to testify anymore?"

With a big smile Robbie answered "Yes, it does Josh."

The next morning Jake Brown changed his plea and answered all of DA McDermott's questions as he went over each of the issues, the room, the food, the work, and finally the assault and the rape. To each he tearfully answered, "yes, it is true that is what I did." He went on to implicate Silver on every count of her involment as well. Upon which Silver pleaded guilty and placed herself at the mercy of the court.

The Judge went to dismiss the jury as the guilty plea meant they were no longer needed.

The foreman stood up and asked if they could make a recommendation especially considering their loss of personal time.

The Judge agreed.

"Your honor, we don't know if it's in your power but we would like to have the State of New York pay punitive damages of $1,000,000.00 to the victims here. Witness B to get $600,000.00 and Witness A to get $400,000.00. We think that the state is culpable as well and shares in the crime inflicted on the boys. Thank you your honor."

Judge Goodfellow was a little stunned but 100%, in agreement with the jury. "Well thank you very much ladies and gentlemen of the jury I shall take you recommendation to heart. A punitive cash award has never been done in criminal trial, against an organizational entity. I don't know if I can legally do it. No matter how much I want too. Is there a representative for the State of New York Children's Protective Services here?"

Miss Moran stood up. "Yes your honor, Miss Moran here, I have been assigned as case worker for the victims here."

" As I understand it, in this case you have been charged to report directly to the director of CPS. Is this still the situation?"

"Yes your honor."

"Well then what would your recommendation be to the director?"

"Well if I had an order from your honor, although most unusual and possibly not 100% legal; I would still recommend that he make the payment as soon as possible. This case is a black mark against the fine work our social workers do around the state. Many go to great lengths, often on their own time and with monies from their own pocket. They, we truly protect the children of our communities. Miss Silver is a sickening embarrassment to CPS. We have so much work ahead of us now trying to repair the trust, that the people of the state should have in CPS. I would put this to bed as quickly as possible and 100% support your order for it is in the best interests of CPS and more importantly it is the right thing to do for those boys. It will never take away the physical or emotional trauma but it will be a gesture of our sincere sorrow and a commitment to never let this terrible tragedy happen again."

"Well said Miss Moran, you'll have your order. Thank you again ladies and gentlemen of the jury. I shall follow your recommendation to the letter. Miss Moran it will be in your possession by the end of day by my personal hand. Sentencing for Mr. Brown and Miss Silva to be held two weeks from today. Court Adjourned!!!"

A cheer went up from those in attendance as well as a standing ovation. Judge Goodfellow left the bench that morning to shouts of good job judge & way to go judge. It wasn't often that he felt that justice was really severed. Often he felt remorse for the victim or the defendant that the law didn't treat one or the other correctly. This time however he felt the system had done a good job. With that feeling inside him he immediately went about writing his personal order for the punitive damages the state was to pay.

Mac called Robbie first for he would appreciate the unusual order the Judge was to issue. Robbie's reaction was, "WOW!! WOW." He explained it to Colin, Josh and Jimmy. There was jubilation in the house that night. Colin, Robbie and Chris took Josh, Jimmy and Nana out to the very best dinner money could buy. With the trial over the long agonizing journey that had brought Josh and Jimmy to Colin's door was now completed.

A month later Miss Moran came by with 2 checks; Colin was to act as the trustee for the money for the boys until the age of 21. He, along with Chris and Robbie carefully planned out investments that would grow the funds. Their college education was now secured as well as a good start in life.

To be continued...

Posted: 08/27/2021