- Text Size +
Author's Chapter Notes:

This chapter is filled with lots of legal stuff.  I did some research regarding the charges and the court system, but I do not claim to be an expert or very knowledgeable in this area.  I tried to depict information as best as I could, but any errors are mine.  Please read the story as fiction with some legal truth mixed in.    

 

Michael and Sam drove to the precinct where John was held.  Sam had called a friend of a friend for legal counsel and he was meeting them there.

"You know a lot of people," Michael said as they maneuvered around a stopped truck. 

"Yeah.  We met through school, but I have lots of contacts through work.  My associate's sister-in-law's brother is an attorney and he had a buddy who is an attorney in Pittsburgh.  Evidently the guy moved back to the area since this is where his wife's family lives," Sam said explaining the connection.

"I don't even want to try to plot that relationship.  Guess 7 degrees of separation really is true."

"I guess.  Anyway, guy's name is Alan and he said he'd meet us there." They stopped at a red light but neither of them was aware of the heavy traffic in the area, both men eager to get to their destination.

"Do you know his background?" Michael asked trying to calm his jittery nerves.  He had agreed to help his partner, Peter by going to see John.  He hadn't really thought about the reality of getting someone out of jail.  Well, he had thought about it, but going to a police precinct was a thing he saw on tv, not something he did in real life.

"Friend of a friend.  Remember?" Sam joked a little, trying to lighten the tense mood.

"Okay.  You're better than me as I know no one.  I'm lucky to have you as a resource."

"I don't think luck is really important in this situation, more like knowing the law."

"True. Did you get a chance to talk to the lawyer about the situation?"

"A little.  He said the case should be pretty easy, but I'm not as worried about the legal issues as I am about the psychological issues.  Remember, your friend John has no idea we know he's in jail, and then there's the little problem of him stalking some artist who he thinks is his boyfriend.

"Any thoughts on that front?  I know we talked about telling him the truth, but it seems really out there.  I can't even begin to picture the conversation in my head." Michael looked at Sam, hoping he had some epiphany overnight.

"I've done some thinking on that since our meeting with Dr. Farsi yesterday.  It appears that John is not an imminent danger to himself or others but there are obviously some issues that need to be addressed.  Put yourself in his shoes, what would you do?" Sam watched the road where a car had pulled out in traffic and almost caused an accident.  "Jeez, I think I prefer New York where I can take public transportation almost everywhere.  True, I don't drive very often and that might have something to do with the dislike of the traffic, but I think driving is really over rated."

"I hate driving in New York, but I love taking a drive out past the city into the country side.  It's one of the things that Peter and I love to do, taking a Sunday drive."  Michael thought of their last drive to the country.  He thought he would much rather be there than here, but he brought his mind back to the present quickly.

"In answer to your question....I'd probably think the police were out to get me and I would turn toward my partner to clear up the misunderstanding."

"Okay that's a good answer, especially if you didn't think you'd done anything wrong."

"You think John will go to see the artist?"

"It's a possibility.  That is why we have to get to him before he does so."

"And then what?  I hadn't really thought about what we are going to do with John.  Shit!!! Have any ideas?"

"I told you before; the truth is always a good place to start.  While John is not trying to lie, he is living a life of lies."

"I guess the first thing we need to do is get the legal stuff taken care of. "

"Right.  The lawyer's name is Alan and he's supposed to meet us at the front of the building at 10:00."

"I think the building is in the next block-  at least according to the GPS."  Michael looked at the screen on his phone and verified the names of the streets as they passed them. "I know I've said this before, but thank you so much for all your help.  I don't know what I would have done without you and your connections.  First you get us in to see Dr. Farsi and now you've found a lawyer for us.  That is amazing."

Sam nodded his head in thanks. "Okay.  Look around for a parking lot or someplace I can park.  We don't need to get any parking tickets, especially in front of the police station."

Michael snickered at that thought.  "True. That would be very awkward."  Michael looked around and spied a lot across the street.  "Over there.  Parking by the hour.  Hopefully 2-3 hours should be enough."  They obtained a ticket from the self-serve slot and walked toward the police station. 

"How are you supposed to recognize the lawyer?  I mean lots of folks are coming in and out of the station."

"He said he would have on a blue shirt and a red striped tie and would be waiting by the plant to the left of the door.  The blue shirt and red tie are pretty common, but hopefully not many people will be standing by the plant."

The men went in to the building, passing through security.  It struck Michael as ironic that even police departments had security gates and personnel.  They were supposed to be protecting the populace, yet they needed the same protection. Walking toward a man in a blue shirt and red tie, they nodded.

"Alan?" Sam asked.

"You must be Sam.  This is different, usually I meet my clients in the jail."  He held out a hand and shook Sam's hand and then reached for Michael's hand.

"Thank you for coming.  What did Carla tell you?"

"Actually, it was her husband Josh that called, but he said you had a friend who'd been arrested for stalking and then accosting the victim."

"Sounds about right.  We can share the details, but I think there may be a few unanswered questions."

Alan raised his eyebrows and looked at the men.  "Why don't you tell me more?"

"John, that is the guy who is in jail, went to Kinnetik and started hugging the owner's partner, stating that he was his partner.  Evidently, he'd sent them a few letters where he alluded to him being his partner.  Kinnetik's owner had a restraining order against John, even though he did not know about it.  My partner, Peter had spoken with Mr. Taylor's agent and told her about John's behavior and she had notified Mr. Taylor and his partner."

"Okay that is very confusing.  Why don't we go to the meeting room?  Sounds like I need a flow chart."

Alan led the two men down a long corridor filled with wooden door, each identified with a different number.  He stopped at the fifth one with a letter E on the door.  "I've reserved this room for the hour.  I thought I would talk to you first, based on Josh's message.  Now I'm glad I did."  He keyed in a code and the three men went inside.

Alan took out a slip of paper and a pen and gave it to Michael.  Michael drew a few boxes and circles showing how everyone was involved in the scenario and then gave it to Alan.

Alan picked it up, tracing the boxes with his fingers. He made some notations on the page.  "You and Peter are friends with John- the man in jail."

"Right and I'm friends with Sam who is friends with the people who know you."

"John, the accused is claiming Mr. Taylor is in a relationship with him." Alan was pleased he was interpreting the situation correctly.

"Right."

"After your partner, Peter, talked to Mr. Taylor's agent at his exhibit; she called him and shared her concerns.  About the same time Mr. Taylor and his partner received several packets of pictures of Mr. Taylor dancing.  After their discussion with Mr. Taylor's agent, they assumed the pictures and letters came from Mr. Scott.

"Right." Michael was pleased that Alan was following the story and didn't appear judgmental.  It wouldn't go well if the lawyer for John was biased for the victim.        

 "They started the proceedings for a restraining order based on the information provided by Mr. Taylor's agent." Alan looked at the paper again and reread his notes from the police report.  This information put events in a clearer perspective. 

"Not sure on that one.  We didn't know about the pictures until Mr. Taylor's friend, Ms. Chanders called us.  She told us about the pictures and the restraining order.  We knew about John telling us he was in a relationship with Mr. Taylor and that he, Mr. Taylor, had asked him to pose for a portrait."

"I can see where this gets complicated," Alan said.

"Then Mr. Scott applied for a position with Mr. Taylor's partner's company and when he went for his interview he sees Mr. Taylor and accosted him."

"That is what we were told by Ms Chanders.  We only knew for certain that John was telling us he had a new partner." As he listened to the recount of the arrest, he realized he needed his own score card to keep up with all the players.

Alan looked at the clock, checking the time.  He had been here for almost an hour and still had not talked to Mr. Scott.  Things were really backwards in this case.  Of course, he normally did not have these types of cases either.  Realizing he needed to wrap this meeting up, he completed his review of events.

"So the police were called and Mr. Scott was arrested. Do you know if the restraining order was completed?  Restraining orders are more complicated than television makes it seem.  The court has to be petitioned and information about the accused has to be documented.  The person filing has to show reasonable cause that they need protection."

"Mr. Taylor's friend, Ms. Chanders said they filed one.  She's a therapist and the one who alerted us to John's presence here.  I would think she would know."

"I'll have to do some investigating.  Either way, since this is a first offense it will be treated as a misdemeanor.  If he was served and came to visit Mr. Taylor it would be considered a first violation.  If he wasn't served, it is a simple assault."  Michael and Sam nod their heads in understanding.

 "You've already given us more information than we knew.  As counselors we understood about the psychological evaluation but the legal issues are really not our forte," Sam said as he watched Michael nodding his head as Alan spoke.  "Will he be put in jail?  Will he be able to leave the state?  We're hoping you can help us."

"The police arrested him based on his embrace of Mr. Taylor.  The evaluation was most likely to determine if he meant to cause harm to him.  Since they let him go, they most likely decided he was not going to hurt Mr. Taylor, but that doesn't mean he is off the hook."

"What do you mean?"

"Stalking is very hard to prove.  Since the pictures Mr. Taylor and his partner provided appear anonymous; it's conjecture whether Mr. Scott sent them or the two incidents are unrelated.  While your conversations with Mr. Taylor's agent and his friend the therapist gives you good reason to think he sent them, in a court of law there is reasonable doubt. The pictures have no return address, there was no demand for ransom or blackmail and Mr. Scott had no contact with Mr.Taylor until the day he went to Kinnetik."  

A knock on the door was heard and a voice called through it, "10 minutes".

"Thank you," Alan said as he looked at the two men.  Putting his papers back in his briefcase, he said, "They are charging him with a misdemeanor, first degree assault, but even that is pushing it as Mr. Scott's hug was not meant to hurt Mr. Taylor or cause him distress.   However, if Mr. Scott continues to have unwanted contact with Mr. Taylor, there would be legal consequences."

"That is great news," Michael says as he interprets Alan's explanation.

"From a legal stand point, he will be charged with a misdemeanor and he needs to understand that if he crosses Mr. Taylor's path again, there will be more severe penalties. A second offense is more serious, especially in this situation.  At that point, the courts could demonstrate that Mr. Scott knew about Mr. Taylor's feelings regarding his advances.  There would definitely be a restraining order in place, etc.  It could result in jail time."

"What does he need to do with a misdemeanor?  Does he have to check in with anyone?"

"No.  He will be charged and he will need to go to court.  There may be some jail time and possibly a fine - that is more to pay for the time of the judge and the legal documents.  The law requires everything be put in writing.  If he stays away, it's a blip on the legal radar.  The law is a funny thing.  People do some really weird stuff, sending unsolicited letters like your friend did is a little disconcerting to the recipient, but ringing people's doorbells and walking into their yards is even more so."  Alan opened his briefcase and took out some forms placing them on the table.

"I won't bore you with all the things lawyers and judges have incurred during the years, but suffice it to say that giving someone an unsolicited hug is minor compared to some of the things I've heard.  Your friend is lucky in that there was no return address on the envelopes and this was a first contact incident."

"Then why did the police arrest him?  I mean that is a stretch."

"Like I said, people do weird stuff.  Going up to a complete stranger and sprouting your love for them is not normal behavior.  The officer probably thought there was enough odd behavior to justify taking Mr. Scott into custody."

"Okay.  Do you really think they will put him in jail?  I mean he could lose his job and.... " Michael said, the worry evident in his voice.

"I'm not the judge.  There are a lot of factors determining that action."

"He'll need a lawyer if there's going to be a court appearance.  Will you work with him?   We'll make sure you are paid for your assistance." 

Yes, I'll represent him.  I need to talk to him and get more information about the charges.  I charge $500 for cases like this."

"Okay," Michael said, not even stopping to think where the money would come from.  He would find the money, if for no other reason than Peter asked him to help and he did not want to disappoint Peter.

"If you talk to him and then we come in, that might give us a good reason to be here," Michael smiled a little at the solution.  "Not ideal, but it gives us an in.  Does that work for you?  I mean, coming in after your initial conversation with him."

"Okay.  But from what you've told me it will be a little more difficult than just following in my footsteps."

"I know, but it's our best in at this point in time."

 

TBC

 

Chapter End Notes:

Comments always welcome

You must login (register) to review.