Grandeur of Nature Sets Minds at Ease.

Chapter 21

 Part 1

The afternoon had been an amazing one for all three of them. They stared out as the old boat sliced through the small swell of the ocean and they felt the warm sun bathing them and keeping them warm as the boat left the land far behind them. Rob was amazed at all the work that was involved in sailing a boat as he watched Paul moving all over the deck as they had left the safe waters of the lagoon. He had used the motor to get them out but once out at sea, he had immediately set about the task of setting the sails and guiding the boat so that they could move with ease under the power of the soft Pacific Ocean winds.

For the most part Rob concerned himself with just watching the way Paul would move around, as if he was engaged in some fancy dance with all the rigging and stuff that seemed to simply be there, for no purpose until Paul would reach for it or turn it or do something. It really was something to watch and when Paul wasn’t off pushing this or shoving that or winding something else, he stood at the big wheel, watching a compass and some other thingee. Rob stood there, next to Paul and a couple of times he managed to head down below to fix some coffee for them all.

He still had no idea of what was happening, or why they were even out here, but it was almost like Paul was on some sort of mission and yet as he turned to stare out ahead, where Ashley stood, he noticed that the three Dolphins were still with them. It really was something to watch the way these three dolphins just stayed with them, their speed matching that of the boat’s and every now and then one would swim around back to the stern of the boat and then he would cruise up by the side, his long torpedo shaped body gliding gracefully in the wake of the boat, and his long pointed head would turn, almost as if it was checking them out, making sure they were all there.

 Shortly after they had left, Ashley had moved up to the front of the boat, and at first he stood far up on the brow, looking out and letting the wind and spray splash across his face. His heart was heavy for the most part, because he knew that without the machines, it wasn’t likely that he would ever hold Terry in his arms again. He was going to miss that, miss nestling his own blond head into the crook of Terry’s arm, smelling that special odour that was his man’s.

Breathing in deeply, he could smell the sweet odour of the water as they glided through the sea itself. The sound of a dolphin leaping up now and then would make his face smile for a bit as he thought back to all the things he and Terry had shared in such a short time. His heart was heavy with all that he would never have again, at least not on this earth but still, even knowing that sometime in the future he would once more be united with Terry, the pain of today didn’t ease much.

Finally, his entire body soaked by the spray of the water, he left the brow of the boat to return to the cockpit, or at least that’s what Paul called it. It was where they stood to guide the boat and he could see how functional the whole thing was really, so that one person could sail the boat, which is exactly what was happening. The sun was beating down and he went below to dry off and as he passed by Paul, he saw the look and he stumbled a little, Paul’s long arm reaching out to grab him by the shoulder.

It was as if he was seeing an older version of Terry for an instant, he saw the same look, the same expression and it had made his heart leap and skip a beat, causing him to stumble a little. The touch of Paul’s hand on his shoulder, the pressure of the fingers as they reached in to steady him made him feel like his whole body was suddenly being caressed by hot flames of fire. He didn’t know what to do or say as the shock stunned him and yet looking at Paul he could once more see a difference, yet, still the haunting image of Terry’s own look lingered and he mumbled a weak thanks as he hurried down the hatch into the inner cabin.

He sat on one bunk, shaking at the experience and wondering if he would ever feel normal or if he could ever look at Paul and not feel like Terry was there. He hadn’t even begun to think about what Paul had decided but while part of him was seething with rage, he also could hear Terry’s voice, telling to look after Paul, to help Paul and yet he didn’t know how he was supposed to do that. Hell he didn’t know how he was supposed to help himself, never mind someone else.

Sitting there he wondered why he had been sent back, why Terry wouldn’t let him join him at their place, and he sat there, feeling alone and feeling like maybe Terry didn’t want him anymore. He knew that was wrong, least he felt that was wrong but still, there were all those doubts, and maybe, just maybe they were right. Maybe Terry had decided that eternity with him wasn’t for him, but then that couldn’t be right, after all, he was trying, he really was and with that thought he was able to slowly vanquish the doubts that were reaching for him.

Ashley conjured up the image of his lover, laying on the bed with all those tubes and wires, but no help now, none of those fancy machines to help him breathe or help his heart beat, and still he kept on living, despite all the odds and so yes, he had to be wrong, the doubts were just sent to test him and with a strange quiet determination, he shrugged his shoulders and sent them all flying. He didn’t know what the future held for him, but he knew that Terry at least did love him, after all, he was still with him.

As his eyes grew less moist, and his heart returned to normal, he took his first real glance around the inside of the boat. He stared across at what had to be Paul’s bunk, and he noticed something was attached above the bunk. He leaned over to look up and his heart suddenly stopped for a second. There, pasted to the top was a picture of Paul and Terry, both of them smiling at the camera and he wondered when it had been taken. They both looked so happy and so carefree and he noticed how they held each other. Tears slowly dripped down his face as he stared at the happy face of his lover, and he wished he could have him with him now, to hold him and to caress him and make him smile just as was smiling in the picture.

The sound of feet coming down the ladder made him quickly wipe away the falling tears and he sat back onto the other bunk and for the very first time since he had seen Paul that day, he began to wonder just where they were going. He wanted to be with Terry and yet something had made him accept Paul’s decision to bring him and Rob here.

Rob “Hey… you okay?”

Ashley “Yeah, just wanted to dry off a little, you?”

Rob “I don’t know, I really haven’t had a chance to think much, it is nice out here though, the sun is so warm, the wind so fresh, it feels like nothing is wrong, like everything is okay, you know?”

Ashley “Yeah, sort of, it is hot out there isn’t it?”

Rob “Yeah, going to grab some pop, uh, want me to grab one for you and take it up top?”

Ashley “Sure, thanks, uh, you and Paul, you really like him don’t you?”

Rob “Uh, is it that obvious?”

Ashley “I guess, is that, sorry…”

Rob “Yeah I think it was how you looked, at first anyways, but it changed once, well, you know, do you think I am nuts? I mean, Ash, I never felt this way before, not about anyone, guy or girl, am I crazy?”

Ashley “I don’t know, I guess you have to go with how you feel and see what happens, does he, I mean, is he interested too?”

Rob “I think so, but he has, shit, yeah but he’s still, I don’t know, it is like he has been asleep for a long time, and he’s just starting to get his bearings, I mean, he seems so quiet and all, but he has that strange sort of power, like, well like Terry had… has. Sorry Ash…”

Ashley stared at Rob for a few seconds as he thought about it all. Paul did have the same smile, and they way he went about casting off and setting the sails, he was sure he could see Terry’s face there. Yes, they were brothers but still, it was damn freaky and he knew what Rob meant too. It was like he was looking at an older version of Terry, but only at times but God they were so similar in their actions, so close in their moods too and he shook a little at that.

Ashley “I know what you mean, its okay Rob. Uh, what’s that in your hands?”

Rob “Huh? Oh, sorry, they are Paul’s shirt, shoes, and socks. He says it’s easier to move around on deck barefoot and the sun is warm, so he likes to go without, uh his shirt.”

Ashley “He really means he likes to sail nude, but isn’t because of us, right?”

Rob “I think so, he didn’t say that though.”

Ashley “Yeah, he wouldn’t, you really do like him a lot don’t you?”

Rob “Yes”

Ashley “What did he say when you told him?”

Rob “Uh, I’d rather not get into that Ash, please, it’s uh, well, I kind of fucked up a bit.”

Ashley stared at Rob and he wondered why the guy was looking down at his feet. He could see a small tear glistening around one eye and he also could see the way Rob’s hands were holding Paul’s shirt. It was almost as if it was a sacred talisman, and he realized that was how he must of looked at one time or another. Funny how just holding something that belonged to the one you loved could give you such peace, until they were in your sight.

It felt really strange talking with Rob about this. It was almost like he was playing the sage advisor, or maybe it just was that he was desperate to have something good happen for someone he knew. His own life was a mess now, and he doubted if he would ever recover totally from all this, and he just wanted to see someone happy, someone have something good happen out of this.

Ashley “Cool, well he’s got the right idea, no shirt for me either or socks, uh Rob, did he say where we were going?”

 Rob “I think no shirt for me either, wish I had some shorts to wear though, would be more comfortable, no, he didn’t, well not really that is, he said something about getting away from people, to just get some peace.”

Ashley “Yeah? I think I know what he means, how long we going to be out?”

Rob “He didn’t say, I’ll have to find out, I have to be at work tonight or I’ll lose my damn job, I think I am going to need it more than ever.”

Ashley “I forgot about that, well come on, let’s go up and you can sit and talk with Paul and I shall be up front watching the dolphins swim, they still there?”

Rob “Yeah, it’s like they are escorting us, its weird, they scare me a bit.”

Ashley “Don’t be scared, they are, I don’t know, but I feel better knowing they are here.”

Rob “Paul says he swims with them, said he and Terry used to go to a place not far from where he keeps the boat, where they swam with them all summer long.”

Ashley “Really? Hmm, I never knew that, figures though, it just figures.”

Rob “Huh? What does?”

Ashley “Nothing, just talking to myself, guess. I’ll be up in a second, thanks Rob.”

Rob “Okay.”

Rob dropped the shirt and stuff on the other bunk and headed away. He stopped long enough to grab three cans of pop and as he started to go back up the ladder, he turned to look at Ashley. He saw him slowly taking his shirt off and he wondered why someone as good looking as Ashley couldn’t get him turned on, and yet just thinking about Paul made him feel like his damn dick was going to drill a fucking hole in his pants. None of this made sense, neither did this sudden urge to go for a sail. He shivered a little, wondering what was in store for them next.

Ashley removed his shirt and he held it in his hands as he looked at the crumbled shirt that Rob had left on the bunk. Funny, but Rob’s own shirt was wrapped up with Paul’s and he thought how perfect it looked. They should be together, maybe then Rob wouldn’t have his nightmares anymore and maybe Paul would find some peace. Maybe that is what Terry had meant, when he wanted Ashley to look after Paul. Maybe it was up to him to put right whatever it was Rob had done to maybe keep Paul at a distance, though it sure didn’t look like Paul was upset with Rob.

There was something different about Paul to, like he had suddenly found that Jamison courage, as Terry referred to it once. He certainly seemed to be more relaxed and more in control than he had anytime before. He just seemed like he knew what he had to do, and he was doing it. Still, he could see the odd hint of the pain that Paul was feeling, and he sighed as he stood up slowly, knowing that pain himself. Guess he did have more in common with Paul than just knowing Terry.

Part 2

Captain Hollis made his way along the marbled corridor towards the large wooden doors, his shoes making a loud noise as he rushed his gait, hurrying to get to the courtroom before his aide could start the presentation before Judge Stilton. He didn’t know why the old man had given him this task or these instructions, but his was not to question, his was to obey orders as far as possible. 

Part of him was pleased with the Major’s decision, it meant he would have a lot less paper work to contend with and a lot less headaches with the brass too. He still didn’t know why he was doing this, but somehow he knew it would all turn out for the best. Besides, it had been his recommendation to begin with and it always felt good when his suggestions were recognized and used.

The other part of him was royally pissed off. How could the friggin D.A.’s office try to barter this obvious crime of hate down to a simple 3rd degree manslaughter case? It boggled his mind specially considering that the ADA assigned to the case was known for being a real hard case. How could he allow this to happen and worse, according to all the information he had, they had a deathbed declaration from the accomplice. It should be a slam-dunk case and yet the DA’s office seemed to be treating it like a no win situation. Surely they weren’t that frightened by some religious zealot defence attorney, or were they?

There were a lot of things that just didn’t make sense to him anymore, and this was becoming just one more of those unexplained things. He shook his head as he pushed open one of the large wooden doors to enter the hallowed chambers of Justice Robert Stilton, one of the best judges currently on a bench, anywhere. He respected the man greatly, and had heard him lecture a few times. There were a great many things he didn’t agree with, one being the Judge’s stand on affirmative action, but he had to admit one thing, the man loved the law and he had a passion for it that he had never seen equaled, let alone bested.

He took his place behind the rail and waited. Captain Hollis noticed that the normally half full courtroom was packed today and he was certain it was due to this case. There had been a great deal of editorializing in the local paper and media about the case and he was certain that when the prosecutor outlined the charges many in this room would be racing for the door. After that, he was sure the rest would follow as soon as he made his own announcement. He smiled as he heard the clerk call the case to the docket and he stared up at Justice Stilton and wondered what was going through his mind as he listened to the clerk read the indictment.

There was a loud gasp from many in the courtroom as the charge of 2nd degree Manslaughter was read into the record. Well, his information had been wrong in that regard, but still, 2nd degree was an insult and he could feel the mood in the crowd, they had sensed blood but they hadn’t expected such a surrender by the DA’s office so quickly. Defense Attorney Smith was beaming, because the DA had given him an easy out on this case. Nothing could be simpler now and he was already counting another victory in his belt when the Judge spoke.

Judge Stilton “Mr. Prosecutor, am I correct in this? You are now only charging this assailant with 2nd degree Manslaughter?”

Prosecutor Victor Neilson “Yes Your Honour, that is correct.”

Judge “I see, and let me see, Captain I believe after the plead is entered with his usual dramatic flair and tactics, it will be your cue to enter your motion?”

Judge Stilton had turned and looked straight at Captain Hollis who was caught off guard. This was not usual, a Judge rarely asked such questions during a formality, at best he’d wait for the formal reading of motions and only after a plea had been registered. Captain Hollis stood up, uncertain what to say or do, as his instructions had changed. He thought he might as well get his part over with though.

Captain Hollis “Uh, I believe under normal circumstances it would be your honour.”

Judge “So, you plan to introduce a motion to transfer jurisdiction to the Judge Advocates Office, is that correct Captain?”

Hollis “That was the original idea your Honour.”

Judge “Original idea, I take it you no longer have such notions?”

Hollis “That is correct your Honour.”

The crowd was watching intently and Gregg Hollis could hear the scratch of several pens and pencils as the reporters struggled to write it all down, their tape recorders having been banned and he smiled to himself. It was good to make them actually work for a change, maybe they wouldn’t be so quick to break news that was half told or explained. It certainly was also a good way to keep them from rushing out, after all, they had to report some facts, and people so used to relying on electronic devices weren’t all that quick in writing. The Judge obviously had planned that well.

Judge “I see, do I take it then that the Judge Advocate wishes to rescind their petition to this court?”

He stared intently at the young military man, wondering what he was thinking, wondering why the military had made this petition in the first place but now wondering just what was their motive in withdrawing it. He didn’t like appeals and had rarely been overturned on an appeal based on how he had conducted a case, which was one reason that he may have been selected as a nominee, but still, this case was something else. He couldn’t explain it, even if his life depended on it, why he had this feeling, but he knew that Justice and the Law were headed for a clash and he had to be there, to protect the system he valued so much. There just wasn’t any other course and he also realized the risks he was about to run, both for himself personally as well as for his own future.

Hollis “Yes your Honour, we do indeed withdraw our petition, at this time.”

Judge “Oh? And does that mean you may wish to re submit your claim at some later date?”

Captain Hollis stared up at the Judge and he wondered just what his game was? There was something else going on, almost as if the Judge was setting him up and yet for what? What was happening here was highly unusual, but he also knew his part was about to be over, but he thought he’d make it a point to follow this case, all the way.

Hollis “That is of course always an option that we might pursue, should the Judge Advocate General feel justice might be further or better served under military jurisdiction, after all your honour, the defendant is under his jurisdiction as a member of the military establishment, and under various articles pertaining to such…”

Judge “Yes I am aware of those articles Captain, so I would assume that pending the outcome of this trial, the Judge Advocate General may deem our civilian system inadequate or incompetent so that he would then appeal any verdict rendered here as being insufficient based on a jurisdictional cause as well as possibly on a issue of inappropriate charge considering the crime, correct Captain?”

Captain Hollis felt the heat under his starched collar as he stared into the Judges face. He could see the way the man’s eyes were sparkling and he knew in his heart that this man was full of surprises. At the moment he was bearing the brunt of the man’s ire, but something in the way he spoke told him that it was just a warm up for what was to come. He decided quickly to escape further jousting with the Judge.

Hollis “I wouldn’t know how any appeal would be made your Honour, I am just here to withdraw our petition before this court, and I do so formally declare its withdrawal, with your Honours permission.”

Judge “Yes, very well, granted, the petition to transfer jurisdiction from this court to the military court is withdrawn, now Mr. Prosecutor, you have filed here a charge of 2nd degree Manslaughter. Tell me Mr. Prosecutor, you claim this is a ‘hate crime’ and attach that designation to your charge, do you not?”

Victor “Yes your Honour we do, given the nature of the crime and who the victims were, we are compelled to so label this crime.”

Judge “I see, and so tell me, it is the Government’s contention then that this crime was planned and borne out of the defendants hate for these victims? Do you feel you have the evidence to support your charge of this being a hate crime?”

Victor “Uh, well, yes of course we do your honour…”

Samuel Zachariah Smith “Your Honour, I object to this, the Court has no right at this time to be discussing the governments case, this is a hearing to determine the charge and bail for my client.”

Judge “Exactly Mr. Smith, to determine the charges, and to set bail, if bail is warranted, and given the guidelines set down for a charge as what has been presented, there is a possibility of bail, however we will get to that shortly, now sit down Mr. Smith, you’ll have your turn in a few moments, that I can guarantee.”

Smith “Uh, yes your Honour”

Judge “Mr Prosecutor, is hate a pre meditated thought?”

Victor “What? Uh, sorry your Honour, well, yes of course it is, you don’t just suddenly wake up and decide you hate someone or something, it is something that happens over time.”

Judge “I concur, so tell me Mr. Prosecutor, with one victim deceased, another not expected to survive much longer, how does the Government justify its charge of 2nd degree manslaughter?  A crime of heinous proportions has occurred here Mr. Prosecutor, and it is up to a jury to determine the quilt or innocence, but they must be given the proper perspectives of the case, neither you nor the court can shirk its duty or leave room for future appeals by mis representing this crime. Mr. Prosecutor, maybe you should consider amending your charges to 1st degree Murder 1 count, attempted 1st degree murder 1 count, subject to revision should the 2nd victim not survive, or if you feel those charges are not supported by your evidence, then the Government should drop all charges now against the defendant.”

Smith “YOUR HONOUR I OBJECT” Neilson “YOUR HONOUR THIS IS HIGHLY IRREGULAR”

Judge “Sit down Mr. Smith, and you Mr. Prosecutor will answer this court Sir, do you wish to amend the charges as I have stated or do you wish to dismiss the charges entirely against the defendant?”

Smith “Your Honour I MUST OBJECT!”

Judge “Mr Smith what you must do is sit down or I will order you in contempt, we are here to ascertain the charges against your client, if you feel my directions to the government to be in error, you can of course use that for a basis of any future appeal, but for now Sir, you will be quiet, understood?”

Judge Stilton knew he was walking on thin ice, and a lenient appeals court might interpret his directions as judicial interference, however this wasn’t the trial, merely a setting of charges, and he knew that Smith would be requesting a hearing to show cause for any charges, least this way it would not be dragged out for months, he would see to that and maybe then, maybe, this case would receive the proper attention it warranted.

Smith “Yes your Honour, but I wish my objections to be noted for the record”

Judge “So ordered, now Mr. Prosecutor, your decision please, I have a busy calendar.”

Victor “Your Honour, Uh, May I approach your Honour?”

Judge “No, you may not, this is not the trial phase yet Mr Prosecutor, now enough, and before you ask, you may not have a recess, I am surprised at you Mr. Prosecutor, I have read your statements to the press, I have read the comments attributed to your superior, I must say Mr. Prosecutor that I am extremely surprised at the proposed charges you have brought before me today, given all of your own comments, I would have expected you here breathing fire. Instead you are acting, as one would assume the Government had no case, that you are merely setting this up for a plea bargain. I remind the Prosecutor and Defence council, one person is dead, another at death’s door and as far as anyone has shown so far, this occurred because of hate, not of passion, not for material gain, but out of hate, and so I ask you Mr. Prosecutor, why are you so reluctant to proceed with appropriate charges for the defendant? If the Government believes he is the one responsible, and you have sufficient evidence to support such a claim, surely a jury should be allowed to render a verdict on the facts of this case, and not to have it decided by an Appellate Court, don’t you agree Sir?”

Victor Neilson was stunned beyond belief at the way the Judge was treating him. He hadn’t expected the Judge to go along quietly with the charges they had selected, but that had been predicated on the military pursuing jurisdiction. Of course it was a lower charge, it would give the grounds for the transfer of jurisdiction but with the military changing its tactics and now the Judge, he was boxed in. Damn it, Norm was right in that he should have sent someone else to this, but no, he still needed to have his name plugged, well now he was forced to make a choice, let the slime go along with his chances for political office or accept the judge’s charges. 

He turned to stare at the crowded room and he saw all the eyes boring in on him. Well he had wanted publicity all right, just not this kind. He couldn’t find Norm in the crowd either, and he wondered if he had jumped ship already but then, he knew he was just panicking a little. This had caught him totally unawares, but he didn’t get top marks for being slow either. He had made his play for time, it had failed and now he had to make the best of it.

Victor “Of course the District Attorney and myself, stand by our comments, this is indeed a heinous crime as your Honour has pointed out, and for whatever reasons the District Attorney had in making this his original charges, I am sure they were not politically motivated. The government feels it has a very strong case and so we gladly accept your Honour’s suggestion to amend immediately the charges against this defendant to be 1 count of 1st Degree Murder, with special circumstance, and a second charge of Attempted 1st Degree Murder, as well as the subsequent charges of this being hate crime, we request the right to notify this court within the prescribed time whether or not we shall be seeking the death penalty in this matter as well.”

Smith “This is outrageous your Honour, you have no authority to set what the charges are, this is totally inappropriate for your Honour to…”

Judge “Mr. Smith, one more word and you are in contempt. It is perfectly within my realm to suggest to the government what the charge may be, as a matter of law sir, which I have done, as is my duty.”

Smith “Your honour has prejudiced my client’s case, this is not the way the great American justice system is supposed to work, I protest your honour, most strongly Sir, I protest this blatant interference by the bench to influence this case…”

Judge “Mr. Smith, do you have a motion in all that verbiage or are you just trying to play to the press?”

Smith “That is uncalled for Sir, I am a loyal defender of the American Constitution, and it is my right sir to protest what I see as an unfair attempt to railroad my…”

BANG! The gavel sounded loud in the room and even the red faced Samuel Smith noticed the force that had been used in bringing the gavel down. He stood there, puffing, his long white curled hair shaking a little as he collected himself and stared up at the Judge who had thrown a major monkey wrench into his plans. Well, he knew that God was on his side, and that Justice Robert Stilton would feel his wrath if he continued to stand in the way of the righteous, still, he wished he hadn’t done it. Sometimes the Lord did take his time, and he had been hoping for an easier time of it, he knew he had the DA on the run and yet now, now everything was in turmoil and he had to make the best of it. He had his headlines at least, and he would have more as soon as he left the courthouse, still though, something was nagging at him as he waited.

Judge “Now, that’s better, yes Mr. Smith you may indeed think you are that documents defender but sir, I am charged with being not only its defender, but its custodian as well, and you should keep that in mind for future reference.”

Samuel looked closely at the Judge and he could see the fire in his eyes. There was no mistaking that this man believed in what he was saying and he knew how dangerous this could be to his case. He needed someone who wasn’t so dedicated and so he began to lay the groundwork for what he hoped would be the means to get a more favourable or at least more pliable justice to handle this case. It was not an easy task but one had to do such things if he was to succeed in doing God’s work.

Smith “I apologize your Honour, I was swept up by my emotions Sir, however you must agree, this is highly irregular, and as such, I would ask the courts indulgence, and grant a continuance before the defendant enters his plea to the new unexpected charges.”

Judge “I don’t see the need Mr. Smith, I assume you were planning to enter a plea of not guilty to a lesser charge, why would that plea change now? Do you plan on proposing a plea arrangement to the DA?”

Smith “YOUR HONOUR! I object, that is prejudicial, I must object”

Judge “your objection is noted Mr. Smith, your request for a continuance is denied, anything else Mr. Smith?”

Smith “Your honour, I would suggest that possibly you are more involved in this case than is uh, prudent, I would ask that your honour should consider excusing yourself from this case.”

Judge Stilton had expected this and with a great deal of inner strength he managed to keep his face impassive. He didn’t look anywhere but at Samuel Smith but the anger in his soul was real and he felt like a great weight was being shifted onto his shoulders. He knew many people who would run from such innuendo, specially if they were up for an appointment that was the highest goal for a justice to obtain, yet he knew, deep in his heart that this was maybe the one single case for which he had been waiting for. This maybe, was his defining moment and that it was for this reason that he had decided to put himself on the record.

Judges rarely got a chance to define law or influence its direction. There had been some cases, such as Roe v Wade that defined an entire generation, but they were few and far in between. Here was a case that would test the nation’s own values of liberty and justice and he couldn’t shirk his obligation to defend the very fabric of what he believed his country stood for. It was easy to defend liberty against people who followed your own set beliefs; it was a lot harder to grant those people rights and liberties when their position was so opposed to what you believed in. He knew that the distinction between ‘state’ and ‘religion’ was about to be tested once more, and no matter what Mr. Smith and his kind threw at him, he knew he had to stand up and be counted. This was not the time to cut and run.

Judge “On what grounds Mr. Smith?”

Smith “Well it seems obvious to me your honour, and I think to others that you are particularly taken by the plight of the victims here, and that maybe you are too close to the matters that may be raised in this case in some personal way.”

Judge “Are you implying that I am gay Mr Defense Attorney?”

A quick glance at Samuel Smith’s face and anyone could see the hatred and anger as it flashed across his distinct features. The man had been caught unawares but he wasn’t a top litigator for nothing. His means of recovery were fast and he knew he needed to cast serious doubts on the credibility of the Judge himself. It was a favourite trick of politicians and he honed his skills long before Clinton or others of his ilk had darkened the American political scene. He had seen and read the McCarthy hearings as if they were a bible for him, and he knew how to twist a person’s fears to his own advantage. Everyone had a weakness, something they didn’t want made public, and he just needed to suggest the right words in order to get this judge to be put in his place.

Smith “No your honour, of course not, however, if your honour was of such a persuasion, well…”

Judge “Yes, if I was, possibly you would have such a claim, however despite your innuendo, I am not gay Mr Smith, nor have I even had any ‘brief experimentation’ with such a lifestyle, so you can be assured that my judgment is not about to be tainted, anything else?”

Smith “Well, your honour, this being labelled as a hate crime, I would suggest that given your Honour’s uh persuasions, that you might not be completely candid to the issues, that indeed you may be biased, I don’t say this lightly your Honour and with all due respect to your Honour, it is a possibility your honour should take into account.”

Judge “very neatly done Mr. Smith, but then I suppose you have a great deal of practice at this.”

Smith “I don’t know what you mean your honour, I don’t make this motion lightly, believe me, but I must for the sake of my client’s rights, and for the safety and preservation of the system both you and I are sworn to defend.”

Judge “Yes, I think you really do believe that Mr. Smith, and that maybe is what makes it so insidious and dangerous to this very Republic and the system that we both are indeed sworn to preserve and protect.”

Smith “Your Honour, that is uncalled for, I am merely doing what is best for my client, as allowed for under the constitution, I fail to see…”

Judge “Yes, so you hint that my personal experiences may prejudice my outlook on this case, implying most neatly that maybe the Judge himself is gay, or had a gay lifestyle at some time, and all in the name of protecting your clients rights, correct Mr. Smith?”

Smith “I am sorry if your honour misunderstood my remarks, of course that was not my intent your honour, I have the absolute highest regard for your honour, however, I feel that for whatever reason you are pre disposed to be biased as it pertains to this case.”

Judge “Pre disposed bias? Again Mr. Smith I must compliment you on how you can manage to turn the tables around. So just exactly how does who I am predispose me to be biased against your client Mr. Smith?”

Smith “If you insist your honour…”

Judge “I do Mr. Smith.”

Smith “Well your honour is what, 60 or so? I would say that in itself would tend to say that you have some personal experiences in this field and that it would tend to colour, excuse me, alter your perspective on the case before the court, and not in favour of my client.”

Judge “I see, so now because of my age, and the fact that I am black, you think I will be biased against your client? You feel that a white judge would be less biased as we all know that white’s have less knowledge of racial bias than men of colour, is that your argument?”

Smith “I merely point out that your honour had to go through a rather traumatic time during your formative years and that it might prejudice your honour as it relates to the facts of this case, after all your honour my client is white, and so…”

Judge “Interesting, and the victims Mr. Smith? What about the victims, does their colour come into question too? Do you even know what colour their skin was?”

Smith “Well, no I don’t your honour, however that has no bearing…”

Judge “Exactly Mr. Smith, colour of skin has no bearing in this case, therefore any so called traumatic experiences I may have had or not as a youth 40 or so years ago would also not have any bearing on this case, as you yourself have just said, it is not a case of colour, correct?”

Smith “That is not what I meant your honour, I assure you, all I am saying is that given your own experiences with alleged hate crimes, it would pre dispose you against my client.”

Judge “I see, so tell me Mr. Smith, just what type of Judge should sit up here in judgment of this case? Would you prefer maybe some Judge say that was a past justice of the Supreme Court? Or how about a Judge who was a nominee for the Supreme Court? Would that be sufficient qualification for you? I mean after all, anyone nominated for such a high honour has to be of impeccable credentials, after all no administration would recommend someone who was easily swayed by their own experiences, their own emotional past, isn’t that right Mr. Smith?”

Smith “I would say yes, a Justice nominated for the highest court of the country would indeed have to have those qualifications, they would indeed be beyond reproach, they would have certainly shown they could render a fair and impartial judgment.”

Judge “So, that would satisfy you would you? A supreme Court nominee? Or would he have to have been nominated by this administration? What if he was a nominee from the previous administration, would he still suffice for you to accept beyond reproach?”

Smith “Well, I don’t really understand what this has to do with my motion your Honour, however…”

Judge “Humour me councilor, would you accept a nominee from the previous administration or only from this administration?”

Smith “Well, I would certainly accept whole heartedly any justice who was a nominee as being impartial, and if it was from this administration then I would say that he, or she, would be beyond reproach.”

Judge “Even if that nominee was say, oh, Asian or even Hispanic or black?”

Smith “Most certainly, they wouldn’t have been nominated if they couldn’t put their own past behind them, I would have no problem with any nominee sitting on this case.”

Judge “Then your motion is denied for no cause, as stated by you, yourself Councilor.”

Smith “Now your honour, I fail to see…”

Judge “Mr. Smith, just as I entered this court room, the White House was announcing my name as their nominee to fill the recent vacancy in the Supreme Court, and so by your own testimony here, I am beyond reproach and in fact, am your ideal justice, or would you like the clerk to read back your statements?”

Samuel Smith glared at the impassive face before him and his neck began to hurt him. He had been on his feet staring up at the black face without any emotion until now. He felt the anger inside of him and he knew that he had been suckered into giving an irreproachable endorsement of keeping the man on the bench. His own words would be thrown at him in any attempt to impeach Judge Stilton now, and his entire plan of appeal for anything that had happened prior to this was no longer valid. He had indeed been suckered and his hatred grew for the man who stared down at him so impassively. Well, laugh now monkey, he thought, but God is on my side and I shall be victorious.

Smith “There is no need for that your Honour, I withdraw my motion.”

Judge “Thank you Mr. Smith, now Mr. Prosecutor, bail?”

Victor “Uh, oh yes, uh the government requests no bail be granted your honour, given the gravity of the charges now pending, and we do believe the defendant to be a flight risk.”

Smith “Your honour, again I must object, we were under the impression that a lesser charge was to be levied, so we are unprepared to argue this matter at this time, I again request a continuance in the matter.”

Judge “I am not prepared to grant you a continuance Mr. Smith, anything else?”

Smith “Yes your honour, I request a hearing for cause, the Prosecutor has no case your honour, there is nothing but circumstantial evidence at best, to warrant holding my client under any charges, but especially 1st degree murder charges.”

Judge “Is the government prepared to show cause Mr Neilson?”

Victor “Yes we are your honour”

Judge “Fine, then we’ll set the hearing date for one week from today, 9am gentlemen, anything else?”

Smith “Your Honour, I need to be able to consult extensively with my client, I again request bail.”

Judge “Mr Prosecutor?”

Victor “Again your honour, we would request no bail, the defendant was AWOL from his military post at the time of his arrest, plus he was attempting to flee the city as well, there is no doubt in the government’s mind that no matter what bail was set, he would still flee.”

Smith “your honour that is not exactly true, my client was confused and disorientated, he had no intention of fleeing, and he is prepared to enter any restrictions the court may deem necessary, but it is essential to my case your honour.”

Judge “Well, I don’t see why you are unable to conduct any interviews at the local jail Mr. Smith”

Smith “It is not a very secluded place for such private conversations your honour, and given the gravity of the charges, surely the court can see fit to grant a high bail with restrictions.”

Victor “Your honour, the defendant is a medic, he has no means even if the court was to grant him bail. Clearly that as well shows that he is a flight risk”

Smith “Not true your honour, my client is a devote man of God, his own pastor, the Reverend Jerry Hartwell can attest to that, in fact, he is willing to offer surety for the defendant, should this court grant it.”

Victor “Your Honour, we would object to that, there is no proof of such a claim, again I remind the court the nature of the crime.”

Smith “I would argue that there is proof, and furthermore your honour, the DA office was prepared to bring this matter before the court as 2nd degree manslaughter, a charge that most certainly would have allowed for bail.”

Judge “he’s right Mr. Prosecutor, you most certainly would not have gotten him held with no bail on that charge, very well Mr. Smith, is your Reverend Hartwell prepared to insure that the defendant will be here for his hearing in one week?”

Smith “he is your honour.”

Judge “I assume he will be posting the bail?”

Smith “Yes your honour”

Judge “Very well then, I set bail at $3million for the first count, $2million for the second count of the indictment, in addition, your client is required to be in the presence of a law enforcement person at all times, however I will grant that Reverend Hartwell may supply his own security personnel to meet that requirement, and I warn you councilor, you had better insure that your client appears in this court in one week. The bail shall be a cash bond and a monitor device shall be worn at all times while your client is in the Reverends custody.”

Smith “Your honour, that is a rather excessive bail amount, $5 million cash is not exactly and easy amount to raise in such short notice, surely the court can accept…”

Judge “Cash, in full Mr. Smith, and your client is remanded in custody until either bail is posted or the case is determined.”

Smith “Yes, thank you your honour”

Judge “next case bailiff…”

Part 3

The evening news reports were filled with reports about the dramatic events at the local courthouse. Even Dan Rather had a brief mention with it along with the nomination details of Justice Robert Stilton to the Supreme Court. It really was an eventful day all things considered and he sat there, watching and listening and wondering if maybe things were not as they seemed. Samuel Smith was certainly an impressive figure standing on the long steps of the Courthouse, but his case was neither as solid nor his support as strong as maybe he had thought.

Listening to the questions by the reporters, he had to admit that the Judge had scored well. He had made the case exactly what it was; one of hate and not one of religious right or wrong either. He had made the normal tactics of Attorney Smith seem dirty even, and he sat there, his head resting on the tips of his fingers wondering just where this would eventually wind up. There was too much polarization happening, and he felt uneasy as he listened to Smith spouting some constitutional garbage when his private cellular phone rang shrilly.

“Hello?”

Paul “John? It’s Paul Jamison.”

John “Paul, well this is a surprise, is something wrong?”

Paul “You didn’t expect my call?”

John “No, should I have?”

Paul “You haven’t made the connection then, that isn’t like you John, you are usually more astute than that.”

John felt a strange twist in his stomach as he listened to Paul’s voice. There was always something about Paul that had worried him, yet every time he ran a discreet check on the young man, nothing of consequence ever came up, and yet John wasn’t convinced. He had always felt that Paul would be dangerous, but he had only voiced his concerns once, a few years back but he had been shot done quickly.

John “What connection is that Paul?”

Paul “How is my mother John? Talked to her lately?”

John “Well, as a matter of fact she’s due in tomorrow morning, why?”

Paul “You really don’t know, do you?”

John “Look Paul, I have had a very long day, now is there something I can do for you? You need some extra money this month? What?”

Paul “Oh, I would say that is going to be a distinct possibility John, yep I think so, but tell me something, how do you sleep at nights John?”

John “Look kid, I don’t know what is up your ass, but enough games, either say whatever it is you want to say or let me get back to my work, okay?”

Paul “You know that case about the gay bashing John? The one where one kid died and another is laying in hospital waiting to die right now?”

John “Of course I do, its all that’s been on the news today, what about it? You telling me you know something about it?”

The pain in his gut grew worse and he could feel the acid climbing up his throat as he tried to control his voice, keep himself calm and find out just what was it that this brat had to say. He never liked Paul and he was certain he had been hiding something all these years. It was unnatural for someone to take the path he had chosen without as so much a single drinking party or anything. The kid had immersed himself in getting his degree and now he was getting some sort of reputation in dolphin research or other at Marine World.

Paul “Yeah I know something about it, so do you but you haven’t made the connection, maybe you should think harder, huh John?”

John “Damn it Paul, I don’t have… shit, Jamison, the other vic, his name, Jamison.”

Paul “Very good, at last the great brain has figured it out, the other vic as you call him is my brother John, how’s that for a neat little twist for you and your glory hound of a boss? Bet you never thought about that, did you John?”

Suddenly it all fit for him and he leaned back into his comfortable expensive Italian leather couch. There was going to be real trouble over this, and he needed to do some immediate damage control before this whole thing blew up in his face. He knew that he would take the brunt of it, but if Paul was allowed to go off on his own, everything he had spend years working for would go with it. He needed to reel Paul in and sit him down and explain the facts of life to him, which he should be able to do, after all, Paul was just some damn fish specialist. He shouldn’t be much of a match for him.

John “Where are you Paul? We should get together and discuss this, you don’t want to do anything rash now, after all there is your mother to consider, as well as yourself…”

Paul “I kind of figured that you would try that line, well I am not in town John, in fact I am where you can’t find me, unless I want you to, now, there are a few things I want you to do for me, you do them and then maybe I’ll meet with you, but not before, understand?”

John “That sounds like a threat Paul, I don’t think your mother will take too kindly to that…”