A Train Trip to Remember
by:
Miguel Sanchez
© 2008 by the author
The author retains all rights. No reproductions are allowed without the
author's consent. Comments are appreciated at...
Dennis stood. “Your Honor, at this time I want you to certify Charlie Green as an adult in the murder of Vincent Telefano.”
I could see Judge Shepherd thinking and I was getting worried. Just then JC leaned forward. “Uncle Ike, put me on the stand.”
We turned around and looked at JC. “What did you say son?”
He smiled at us. “Put me on the stand Uncle Ike, please.”
Chapter 18
I nodded my head to Ike. “Let’s see what JC has to say.”
Ike was about to speak when another police officer entered the courtroom. Judge Shepherd looked at the officer who appeared to be scanning the room for someone. “We’re in session officer so this better be important.”
The officer approached the bench. “Please accept my apologies Your Honor but I was told to deliver this package to Capt. Gould right away.”
Capt. Gould stood. “I’ll take that officer.”
The young man handed Ira a thick manila envelope then looked back at the judge. “Sorry for interrupting.”
The young man quickly hurried out of the courtroom as Ira sat down and opened the package. I couldn’t see everything but it looked like photographs. Ira looked up at Ike leaning forward. “Hot damn, these are the crime scene photos. Put me on the stand.”
Now Ike had 2 rebuttal witnesses he could use. He turned and looked at the judge. “Your Honor, at this time I would like to call Capt. Ira Gould as a rebuttal witness.”
Dennis stood but Jack yanked him back down by the coat. “He can’t testify.”
Jack glared at him. “He’s a rebuttal witness you jackass. You better hope that woman didn’t perjure herself.”
Dennis looked over his shoulder at us and I could see he was starting to sweat. Judge Shepherd looked over at the goings on between Jack and Dennis. “Is there a problem?”
Jack stood. “No Your Honor, there’s no problem.”
“Very well Capt. Gould, approach the witness stand and be sworn in.”
The Bailiff swore him in then Ike approached. “Capt. Gould, is any of what Kim Green said true?”
He shook his head. “Not all of it.”
Dennis stood. “Then what’s he going to rebut?”
“Sit down Mr. Franklin. Please continue captain.”
Capt. Gould removed the contents of the envelope. “Your Honor, the package that young officer brought to me are crime scene photos. There are 2 sets, the first is from the bathroom in Hollywood and the other set is from the hospital where Vincent Telefano was killed.”
“OBJECTION,” Dennis shouted. “How do we know these are real?”
Capt. Gould handed the photos to Ike who in turn handed them to Judge Shepherd. “If you look at the bottom left corner Your Honor, you’ll see the HPD Crime Lab’s mark on them.”
The judge looked through the photos then handed them back to Ike. “Very well, the photos are accepted.”
Ike handed Ira the photos back and he pulled several out from the stack. “Now, if you look at these, you’ll see there is a hospital bed beside the body.”
Dennis and Jack had gone over by the witness stand so they could view the photos. Dennis snatched one. “So what, Vincent Telefano was a patient.”
Ira glared at him. “Yes and so was Charlie Green.”
Dennis got cocky. “This proves my point that the kid went down and brutally murdered Mr. Telefano. His body fell on the floor after the attack.”
Ira thumbed through the photos. “If that is really how the attack happened.”
“That is how I say it happened,” Dennis said with a cocky tone.
Ira laughed. “What you say happened and what the evidence says are entirely 2 different things.”
Jack glared at Dennis. “Will you be quiet and let the witness continue.”
Ira smiled. “Thank you, now as I was saying, you see a bed beside the body of Mr. Telefano. It’s impossible in the photos to make out whose bed it is until this last one. In the last photo there is an arm showing. That arm belongs to Charlie Green.”
Again Dennis snatched the photo. “Says you captain. That arm could belong to anyone.”
Jack took the ADA by the arm and led him back to the table and pushed him down into his chair. “Now sit here and shut up, you’re making yourself look like an idiot.”
“The great Jack Malone faggot lover.”
Jack stopped then went back over to the loud mouth. “I’ll deal with that crack later. Now, I’m about 2 seconds from withdrawing everything in the interest of justice.”
Dennis let his mouth over load his ass yet again. “Don’t you mean in the interest of fags?”
Judge Shepherd heard the last comment. “Bailiff, take him out of here. Mr. Malone, you’re going to have to continue without him. Mr. Franklin, you’ve just bought yourself another 30 days in jail.”
Once Dennis was out of the courtroom, Ira continued. “The photo was taken in Charlie Green’s room. The floor was covered with blood from the victim. Also, Vincent Telefano required sutures to close several dog bites. The scissors found in his chest were from that of a suture set and they could have only come from one place, the room of the victim, Vincent Telefano.”
Ira handed Jack Malone the photos as Ike looked at the captain. “Captain Gould, I just have 1 question. You knew Vincent Telefano drugged and tried to assault Charlie Green.”
Ira nodded his head. “Yes, that’s true.”
Ike looked at me then back to Ira. “With all that, why wasn’t Charlie’s room guarded?”
Ira looked down and started shaking his head. “Mr. Fletcher, I wasn’t there personally but he should have been. We dropped the ball and because of it, a boy was attacked for a second time causing him to have to defend himself. Mr. Malone, I sent over a preliminary report. For the life of me I can’t understand why your ADA was hell bent and determined to file charges against that child. In my opinion then and confirmed by these photos now, he acted in self defense.”
Jack held up his hand. “Not so fast captain, I still can’t disregard the statement by the boy’s mother. She said the boy had it in for the victim.”
I stood up. “Are you kidding? That woman was higher than a kite.”
Jack looked over. “I beg your pardon?”
I nodded my head. “Yeah, she was high. She refused to answer Mr. Fletcher’s question to that effect. You didn’t see her in the bathroom, I did. That woman was shaking so bad she couldn’t put 2 words together to form a sentence.”
I could see the wheels turning in Judge Shepherd’s head. “Bailiff, get her and bring her back into the courtroom.”
The Bailiff went into the holding area and came back with the woman who was being very vocal. “Let me go you pig, I’ve said all I’m going to.”
When he brought her into the courtroom, she was still cussing up a blue streak. The Judge banged his gavel and she finally shut up. “Ms. Green, you were asked a question earlier by Mr. Fletcher asking you if you’re under the influence of any illegal drug, now I’m asking you that again.”
She started wiggling, trying to break free of the Bailiff’s grip. “And I’ll tell you the same thing I told him, I’M NOT ANSWERING!”
The judge nodded his head, “As you wish. Bailiff, call into the back and have a female deputy come up please then ask Dr. Finch if he’d come out here.”
She started screaming. “WHAT ARE YOU PLANNING ON DOING YOU BASTARD?”
The judge smiled. “If you won’t answer me, we’ll just find out for ourselves. You’ll be taken into the back and stripped then Dr. Finch will inspect you for fresh needle marks.”
“LIKE HELL YOU WILL, I KNOW MY RIGHTS. YOU CAN’T TOUCH ME UNLESS I GIVE YOU PERMISSION AND I AIN’T DOIN IT.”
Jack Malone walked over. “I’m afraid he can. Having illegal drugs in jail is illegal and they also have the right to search you if they feel you have them.”
She realized she wasn’t going to get away without being searched and finally stopped squirming. I headed over to the judge’s chambers. “Your Honor, can I sit with my son while Dr. Finch is examining her?”
The judge nodded his head. “Go ahead sir.”
Just then the woman started spouting off again. “HIS SON, HE’S MY KID. I WANT HIM BACK!”
Judge Shepherd banged his gavel. “Quiet now Ms. Green. Your parental rights have been temporarily suspended until the charges against you have been dealt with.”
She started wiggling and shouting. “WhATEVER BUT I DON’T WANT HIM WITH HIM. HE’S A PERVERT.”
Judge Gould stood. “Mr. Miles is a licensed foster parent and I’d watch the slander.”
“UP YOURS YOU BASTARD, I BET YOU’RE A…”
BANG, BANG, BANG. “SILENCE!”
I was about to open the door but just then, Charlie came storming out. He went right into his mother’s face. “You got alotta nerve calling Dad a pervert. That bastard Vince was the pervert.”
She then spit in Charlie’s face. “You fucking faggot. I know all about you and how you shook your ass at my poor Vinnie.”
I was surprised at my boy. He wiped his face then went over and took me by the hand. “Poor Vinnie huh; I found out what he hit me with in the bathroom. He hit me with YOUR dildo you bitch.”
BANG, BANG, BANG “Order in the court. Charlie, I’m deeply sorry about what happened to you but your mom has made a serious allegation against you.”
He turned and looked at the judge. “I heard sir and all I can say is she’s lying through her teeth.”
Liam and the Bailiff took Kim into the holding area as JC was trying to get our attention. “Dad, Uncle Ike come on put me on the stand.”
Charlie pulled me over to JC. “What is it bro?”
JC leaned over to Charlie’s ear and started whispering and Charlie started giggling. “You’re kidding?”
JC shook his head smiling, “Nope.”
Charlie quickly covered his mouth. “OK bro, works for me. Dad, can you wait until my mother gets back out.”
I looked at Charlie. “Are you sure son? Can you face her?”
He nodded his head. “I’m sure can Dad, she don’t scare me no more.”
We sat down and waited for Liam to return and it didn’t take that long before the 3 of them were standing before the judge. Liam looked at her, yanking up the left sleeve on her jumpsuit, then up to the Judge. “Your Honor, I examined this woman and as you can see, there is a fresh needle mark right here.”
Jack Malone stepped over and saw the mark Liam was pointing to. “Ms. Green, it would be in your best interest to tell us where you got the drugs from.”
Ike stepped up and looked at the mark then up to the judge. “Your Honor, correct me if I’m wrong but aren’t regular visitors searched before being allowed to see inmates?”
Jack looked over at Ike. “That’s right.”
Ike then looked at the woman. “Well, who came to visit her that would not have had to be searched?”
The woman stood there not saying a word but the judge did. “Bailiff, call the visitor’s area. I want to know everyone that’s come to visit this woman since arriving at the jail.”
He nodded his head. “Yes Your Honor, but that will take a while.”
The Judge nodded his head. “I understand, before you do take her back to her cell.
Ike looked over at the judge. “Your Honor, while we’re waiting for that, I have another rebuttal witness and I ask that she stay in the courtroom.”
He looked over at Jack and he stood. “No objections Your Honor.”
The judge nodded his head. “Bailiff, put her in a chair beside you.”
“I call JC Martin to the stand.”
JC smiled at Charlie then walked forward. The Bailiff swore him in then my boy took the stand. “Alright JC, what is it you have to say?”
JC looked at Charlie then smiled. “Well sir, that woman is a liar.”
She jumped up and tried to charge the witness stand. “YOU LYING LITTLE SHIT!”
JC ducked while the Bailiff grabbed hold of her. He sat back up then looked right at her. “You have a lot of room to talk lady. Judge sir, I can prove she’s lying. You see, Charlie was at my house. I found him in the bathroom with that perv Vincent. He was trying to do some pretty nasty stuff to him but I managed to scare him away. Dad and I took him home.”
“KIDNAPPER!” the woman shouted. “I WANT HIM CHARGED WITH KIDNAPPING, YOU PERVERT.”
The judge had had enough. “Gag her.”
The Bailiff went into his desk and retrieved a gag and put it on the woman. Charlie started laughing out loud. “That’s the first time she’s shut her mouth. How does that feel mom?”
I reached over and put my hand over his mouth. “That’s enough son.”
JC continued. “As I said, Dad and I took him home because Charlie was pretty scared. Dad and I managed to calm him down then we talked with you. Once he calmed down he called his mom to tell her what pervy Vinnie did to him and I made a little insurance policy for the police.”
Ike acted like he didn’t know what was going on, “An insurance policy?”
JC stood up and pulled out that CD. “I taped the conversation. Would you like to hear it?”
JC got up and went over to his seat grabbing his CD player. Kim stood up and started trying to shout through her gag. She managed to get it loose enough so she could scream. “He can’t do that. That was a private conversation.”
JC laughed. “I bet it was lady. You called him a faggot and said he had to let Vinnie do what ever he wanted and he had no choice in the matter.”
“I never,” she screamed.
JC opened the cover on the CD player and put the CD he made in. “You positive about that?”
Ike stepped in. “JC, please talk to me and not to her.”
JC turned red then looked down. “I’m sorry. Would you like to hear the conversation?”
Ike looked over at Jack, “Any objections counselor?”
Jack shook his head. “OK JC, let’s hear what you have.”
JC pushed play then turned the volume up so everyone could hear it.
This was the conversation between Charlie’s mother and him.
Charlie’s Mom: “What the fuck do you want?”
Charlie: “M…mom, it’s me.”
Charlie’s Mom: “Where the hell are you, you little shit? Do you know what the hell you’ve done?”
Charlie: “Mom, he was going to hurt me.”
Charlie’s Mom: “I don’t give a fuck what he was going to do. I’ve told you what to do now god damn it, you do it.”
Charlie: “Mom, he was going to shove a rubber dick in me.”
Charlie’s Mom: “Big fucking deal you little faggot. I know what the hell you are.”
Charlie: “No one’s touched me back there.”
Charlie’s Mom: “Too fucking bad! I owe Vincent and you’re going to pay him, you got it! You’re going to peddle your ass as long as I tell you to. All you had to do was stand there now it’s gonna be more. You will give him your ass to do with what ever he wants for as long as he wants. Do you understand me you little queer.”
Charlie: “Wh, where is he? How do I find him?”
Charlie’s Mom: “He’s getting his arm fixed up by a friend of mine. Now, you just stay close to that phone until he calls and when he does, you damn sight better be ready to get that faggot ass of yours fucked good and proper.”
The CD player went silent and JC was staring at the woman. “So, you knew dear Vinnie was going to rape him and you didn’t care.”
The woman just sat there. Ike looked at Jack then up to the judge. “That was the last conversation between Charlie and his mother. No where did Charlie threaten Vincent but as you heard, his mother knew full well what Vincent’s intentions were toward the boy. She pimped her child to Vincent Telefano. Her testimony was nothing but lies. I move that it be stricken from the record.”
The judge looked at Jack and he just shook his head. “Very well, the testimony of Kim Green is hereby stricken.”
“That being the case Your Honor, The state has no evidence to substantiate their claim Charlie Green committed murder.”
Judge Shepherd looked at Jack Malone who then stood. “The state no longer wishes to pursue this matter and will not re-file at a later date. We will be investigating the role Kim Green played in this and will be filing appropriate charges. Currently the state feels, based on her conversation to her son, this woman has no business raising a child and therefore moves her parental rights be terminated.”
Judge Shepherd nodded his head. “Your motion is granted Mr. Malone. Ms. Green, the court hereby terminates your parental rights until such time as you can clear yourself of your involvement with Vincent Telefano. This court is charging you with being under the influence of an illegal substance. Dr. Finch, can you obtain a blood sample from her?”
Dr. Finch stood. “I have my bag with me in my car sir; I can get one from her.”
Liam went out and got his bag then returned. Kim realized she didn’t have a choice so she sat there while the doctor took the sample. Liam wrote Kim’s name on the vial then handed it to the bailiff as he took the woman back to her holding cell. When the bailiff returned the judge spoke. “Mr. Malone, thank you for your patience today. Charlie, you’ve been through more than anyone you age should ever have to. I hope, with help, you can start to move forward. This court is now adjourned.”
The judge banged his gavel then Marsha leaned forward. “You have got to see this.”
My curiosity was up. “What’s up?”
We stood and were about to leave when Marsha looked at Jack Malone. “Jack, I think you’d better see this too.”
To be continued...
Posted: 07/04/08