CHAPTER 60: TRIAL: MICHAEL vs KIER...FRATERNISING, THE PASS AND WTF!

LATE EVENING

HAROLD

It was a pure fluke that I was here!  I heard rather than saw Novotny arriving.  I waited for him to be processed and then followed Malcolm back up the corridor.

“Malcolm!  A moment!”  He turns and smiles at me then shakes my hand firmly. I wince.

“Prosecutor Foster Brown!  What you doing down here?”

“Spot of business.  I know you can’t say what that was about but…was that Michael Novotny?”

He looks over his glasses at me and chuckles.  “Now, now Counsel, you know…”

“Retired Counsel.  I am merely requesting information as a concerned member of the public…”

“Uh-huh.  I was bailiff for you, remember?”  He sighs and gestures me to one side lowering his voice.  “But you were one of my favourites. You may have been harsh but you were always fair.  Such a shame what that man is doing.  He’s in with Cutthroat, court 6 from two and running his own from tomorrow.  Tried to fly cuckoo got shot.  Oh and there’s a newbie called Belinda Josh. See what you can do with her. Whoever gave her this case needs a kicking.”

I nod and head out.  “Millie darling, you are not going to believe this!”

BRITIN

KITCHEN

ZEE

I have been testing up a coffee storm.  The family have been sent to the lounge because I wanted to do this myself.  Although we aren’t surprised by his behaviour, the fact that he came up to us was all kinds of fucked up stupid.

“Zay-Zay.”  Zeus comes in with our Pitbull, wrapped round his body.  “A couple of people need something to do that involves either smashing something to smithereens or concentrating hard.”

She sniffs tearfully from his chest.  “Jenny?  See those bottles over there?”  She turns and nods.  “Right we’re making Espresso Chocolate Martinis.”  Her eyes get really big.  “Go check with your moms first.  We won’t start without you.”

She wriggles out of his hold and I start to take out the glasses for the production line that is no doubt going to happen.

Usez and I exchange looks and he kisses the top of my head.  “She just gets to you, doesn’t she?  Tough as hell but she just wants her dad to love her and treat her right.”  He mutters angrily and then smiles softly.  “Reminds me of a certain baby girl I know and…”

“Usez.”  I warn.  “We’re back so it’s all good.”  He nods and gives me a squeeze.

“You’ve been holding out on me again!”  Emmy stalks in.  “Give!”  I hand him the recipe and his eyes go wide.  “A vegan martini?!”  He gasps.

“Make it immediately!”  Steve demands of me.

“Did I hear Jenny correctly?”  Leda comes in.  “Espresso chocolate martini?”

“How many are we making for?”  Emmy asks.

“”Everyone but the furballs.”  Zeon sighs.

“Okay enough of this shit!”  I gripe.  “Can you guys not see the humour in this?”

They all look incredulously at me.  “He is going to be representing himself and is up against- among others- his ex-boyfriend’s partner.  He’s also going to be battling, the judge who sent him to jail twice, the close friend of the mother of his ex-child and a judge who has just sentenced him to eight and a half years. He has a secondary lawyer, who almost took the judge’s offer to be recused. Oh and let’s not forget he’s just been arrested for witness intimidation.  And, I repeat, he is representing himself.”

“Mom, what does recused mean?”  Jenny seems to have brightened up as she helps Jennifer crank out the martinis.

“To remove yourself from a legal situation because you can’t guarantee that you will be impartial.”

“And he’s representing himself.”  Debs starts to laugh and before long the kitchen is filled with laughter. While we’re all indulging in the hilarity of what will henceforth be known to my mind as the Dumbass Chronicles, my phone rings.

“This is Zee.”  I clear my throat to stop the laughter.  “Hang on.”  I step out of the kitchen.  “Oh hey Millie.  Yeah, we’ve got Liberty Ave…okay, okay no problem, I will let them know.  See you.”

I head back in with a massive smile on my face and grab a martini.  “Oh and there’s one more thing!”

“What’s that?”  Matt’s grinning and reaching for another martini.  Hunter takes it off him and hands him some water.  “I know what you are like with coffee.”  He tells him, kissing away his pout.  “Alternate.”

“That was Millie.  Harold saw him being processed and she’s bringing the posse.”

“Tomorrow is going to be such fun.”  Jennifer snickers.  “So what’s in the oven that smells so good?”

“Coffee and chipotle beef ribs with slaw and string potato fries.”  I wait for a few seconds.  “Oh and coffee swirl cheesecake for pudding.”

“Mom!”  Hunter chastises me.

“What?”

“Matt, plus coffee and my ass.”

“Sorry.”  I blink at him.

“No you’re not!”  He gripes.

“It’s true.  She’s not.”  Faal laughs.

ALLEGHANY COURTHOUSE – DAY 1: LATE MORNING

MEETING ROOM 5

MICHAEL

I still don’t believe what Alex said about Brian visiting Justin.  I would’ve known about it!

“But I want to call him back so I can call him out on the things he said about Brian visiting Justin. And as for that bullshit about him consulting Alex, Brian wouldn't be so weak!”  I tell Belinda, pacing round the room.

“Calling him back doesn’t serve a purpose.  Brian visiting Justin in hospital is not relevant to this case.  This is about medical insurance fraud.  Nothing to do with them.  This is between you and…”

“I’m asking anyway.”  I snap and sit down, sighing.  “Well?”

“Well what?”  She just looks at me.

“What can I do about this witness intimidation charge?”  I’m not in the mood for her to be difficult today.

“Not a lot because you did it in front of a bailiff, in a courthouse that is recorded 24 hours a day.”  She sighs.  “As a matter of interest, why didn’t you just leave?”

“I wanted to explain to them that this wasn’t going to work…”

“That went well.”  She replies dryly and then stands up.  “We’ve got a couple of hours before you’re up.  Take this time to go through your notes and think about what you are going to say.  I’ll see you in there.”  She opens the door and nods at the guard.

“Can’t I stay here instead of going back to the cell?”

“No.”  The guard replies shortly.  “Let’s go.”

OUTSIDE COURTROOM 1

CHARLES

“Is it me or are there more people?”  I ask Ephie. He looks up from the papers he’s reading, as he’s questioning first, and gasps.

“Definitely more people.”  He murmurs, before shaking his head.  “Can you believe this idiot?  We are definitely getting restraining orders applied!”  

The doors of the courtroom open and we stride to the front of the court.  

“Where’s the jury?”  Justin asks.

“No idea.  But I feel today is going to be a day of surprises!”

So we all sit down and wait.  The back doors open and in comes Malcolm, shaking his head.

We wait a few more minutes and the door opens, heralding the arrival of the judge.

“All rise for Judge Carruthers!”  He orders.

MALCOLM

“Please take your seats.  We’re waiting for the defence team.”  Judge Carruthers orders then he looks at the jam packed courtroom and then does a double take.  “Malcolm a moment, if you please?”  

“Your honour, is everything alright?”  I ask in the most caring and innocent way I can.

He covers the microphone and leans over.  “Yes.  But is that Harold Forbes Brown I see about five rows back?”

“Yes, I do believe it is.  What a surprise! Were you expecting him?”  I ask and he just leans back in his chair.  

“Wonder who he’s here for?”  He quirks an eyebrow mischievously, no doubt remembering the tussles they got into.

He may be known as Cutthroat but he’s one for gossip, especially when it comes to the WASPs.  Coming from Hell’s Kitchen, he finds their way of doing things fascinating.

“Must be one of the family.”  I smile, giving nothing away.

“Hmm.  Must catch up with him at some point.  Remind me when we are in recess, would you?”

“Of course your honour.”  I chuckle. We know each other very well!  

He nods his head in the direction of the opening side door.

Let the fun begin!

BELINDA

No jury, this can’t be good!  I sit down and wait for him to be brought in.  

As he comes in, he looks to the prosecution side and once again they don’t look his way.

“All rise.”  Malcolm says.

JUDGE CARRUTHERS

“Good afternoon Mr Novotny, can you explain why you are late?  I advised counsel that it was a two pm start…”  

“I had to go back for my paperwork your honour.”  He replies testily.

“Lucky for you, you didn’t have to travel far.  There will not be a repeat of this. I will not tolerate lateness.  Now…”

“Excuse me your honour, I want to ask for someone to be recalled.”  He interrupts.

“In a moment, Mr Novotny.”  I glare at him. When it looks like he’s about to say something, Belinda tugs on the sleeve of his jacket and shakes her head. He huffs out an angry breath.

“As I was saying, before I was interrupted, I wish to explain to counsel and the court why there is no jury and what impact this will have on Mr Novotny.”  I sit back and stare at him.  “You managed to get another charge levied against you without leaving the courtroom?”

There’s astonished mumblings round the court.

“Mr Novotny, when I ask you a question, you acknowledge and answer.  Understand?”

“Yes your honour.”  He pouts.  

“So what exactly were you thinking?”

“That they should drop these bullshit charges, your honour.”  He blusters.  “In fact, I have…”

“Stop talking, Mr Novotny. Seriously.  Just stop talking.”  I growl. Again, she tugs his sleeve but this time it’s so hard, he actually he has to pull his jacket back up.  “The act of witness intimidation has been proven, therefore does not require a jury.”

“Oh damn!”  Malcolm breathes.

“I, Judge Martin Avery Carruthers, find Michael Charles Novotny guilty of witness intimidation.  He is sentenced to 2 years in prison. This sentence is to be served consecutively to those already handed down.  There’s a strangled noise and a thud as he sits down heavily in his chair.  “You have not been told to sit Mr Novotny!  Remain standing.”  

Shaken, he gets to his feet, sweating profusely.  After shaking his head and taking a couple of deep breaths, he locks his gaze on me.

“I will appeal this, your honour.”  He states firmly.

“That is your right.”  I reply curtly.  “Now, we will recess for 15 minutes to allow the jury to be sworn in.  Everyone is to be back in 15 minutes and I mean everyone.  Court is adjourned!”

“All rise.”  Malcolm orders.

MEETING ROOM 7

EPHIE

“Fuck me.”  I look round the room at the stunned faces of Charles and Meriam.  “Ten and a half years and we’re not even on the first proper trial yet!”

“Let’s go over the witnesses we are going to call on this.”  Charles decrees.  “So first, Kier Rollins, then Ben, then depending on how he reacts David then Hunter correct?”

“Correct.”  I take a breath as the door is knocked.

“Come on guys, let’s go!”  Meriam says.  “We can’t have him in before us!

COURTROOM 1

BRIAN

I look at Justin and he turns to me and smiles.  I pull him close and whisper. “Now I know how Zee felt when all the shit with her dad was done.”  He squirms as my hot breath hits his ear.

Turning to face me he gives me a soft kiss.  “Freedom feels great, doesn’t it?”  He whispers against my mouth.

I waggle my eyebrows.  “And hot.”  I whisper back and he giggles.  “Behave!”

“When do you think we’ll be adjourned?”  I whisper and lick his ear.  He shivers before letting out a small squeak, then shoves me hard.

“Stop it!”  He hisses.

“Why?”  I murmur.

“Because you need to get it down before I tell the court to all rise!”  Malcolm calls out.

I snap my head round to see Malcolm and the judge standing by the door with amused expressions.

I clear my throat.  “Sorry!”  I call out.  “But look at him!”

“Bri-an!”  Justin gasps and slinks down in his seat as all eyes turn to him.

“May we proceed?”  Malcolm smirks.

“Oh yeah, carry on!”  I smirk back.

JUDGE CARRUTHERS

I have to step back as I start to chuckle. Once I’ve composed myself, I enter.

“All rise for Judge Carruthers.”  Malcolm orders.

I look across and he’s there but has a look of absolute fury on his face.

“Proceed Malcolm.”

“This is the first day of the trial of Michael Charles Novotny.  He is accused of medical insurance fraud with respect to an insurance policy held by his then husband Benjamin Bruckner.  Prosecution to open.”

“Begin.”  I order.

EPHIE

I take a breath and stand.  “Your honour, ladies and gentlemen of the jury.  I will prove that Michael Charles Novotny deliberately and maliciously cashed in the insurance policy and used the money for his own ends and…”

“Objection!”  Novotny stands up and then says nothing.

“On what grounds?”  Judge Carruthers prompts.

“I want to recall a witness, your honour.”

“There is no witness to recall Mr Novotny.”  He points out.

“I mean Dr Alex Winter as he lied and I want…”

“What does he have to do with this trial?”  He asks.

“Because of his lies about Brian visiting…”

“Rejected.  Proceed Mr Williams.”  He interrupts.

“But your honour, if he had told the truth…”

“Rejected and coasting on contempt Mr Novotny.”  He glares at him and he sits down.

“Proceed Mr Williams.”

“Thank you your honour.  We call to the stand Kier Rollins.”

KIER ROLLINS

“Mr Rollins, you handled the policy for Pearl Assurance for the defendant and Mr Bruckner correct?”

“Yes.”  I reply.  Although I can feel Michael’s glare boring into me, I don’t look at him.

“How did that come about?  I mean did you cold-call them or did they call you?”

“Mr Novotny called us and asked about a policy for his…I mean, Mr Bruckner.”

“And the policy was solely for his then husband?  One specifically based on the fact that he has HIV and it started in 2008?”

“Yes.”   I nod.

“How much was the policy for?”

“Cash upon death was $100K but for early encashment for medical bills was $60K.”

“How many times after the policy became effective, did you see either Mr Bruckner or the defendant?”

I shift in my seat.  “Mr Bruckner once, as he had to sign it, and Mr Novotny more times.”

“Who paid the premiums?”

“Mr Novotny.  Anything to do with the policy, it was him I spoke to.”

“I see.  And how many times did you speak to the defendant?  I mean was it once a month, for example?”

“No, it was about twice a week.”  I shift again in my seat.  “He also wanted to take a policy out on his son, Hunter.”

“And that didn’t happen?”

“No.  Mr Bruckner insisted that he wanted to look after Hunter himself as he didn’t think it was fair that he, I mean Mr Novotny, should pay for Hunter too.”

“Would you say you and the defendant struck up a friendship as a result of the calls?”

“Yes.”

“How did that friendship progress?  Was it just calls or emails?”

“It was only calls to the office at first and then…”  I pause.  “I gave him my personal cell and email address.

“Why? Because he asked for them?”

“Yes.”

“Mr Rollins, you signed a non-fraternization clause when you worked for Pearl, which states that there is to be no inter-staff or client relationships, while you are employed by them, correct?”

“Yes.”

“So when did the defendant start to contact you via your personal cell and email?”

“Pretty quickly.”

“What was the nature of the contact?  I mean, what did you talk about?”

“At first, it was about the policy and then it started to be less about the policy but more about everyday stuff and then…”

“Then?”  He prompts.

“He asked if he could take me to dinner to thank me for listening to him when he felt his friends were abandoning him.”

“Abandoning him? How so?”

“Objection!”  Novotny stands and again says nothing.

“Mr Novotny.”  The judge sighs.  “When you object to something, you need to say immediately what you’re objecting about.”

He sits back down and looks through his papers before standing up again.  “What I told him was in the strictest confidence!”

“Overruled.  Continue Mr Rollins.”

“He felt that his best friend was spending too much time with his partner and that his husband was spending too much time with their son.  He didn’t feel he and his son had much in common, he said…”

“Objection!  Relevance.”  He almost claps like a seal.

“Relevance will become clear your honour.  We are seeking to lay the grounds as to how the fraud was allowed to happen.”

“Overruled.”

“Thank you, your honour.  So Mr Rollins, you accepted dinner. Can you remember when that was?”

“August 2010.  I didn’t hear from him for about 3 months, just the odd email or two.”

“Then what happened?”

“The emails started to get more and more frequent.  It seemed that he was having issues with his friend and with his friend’s partner.”

“Did he tell you what they were?”

“Objection!  Relevance!  Why I was having problems with Brian because of Justin is not important.”

“Once again, your honour, relevance will become clear.”

“Overruled.”  The judge clears his throat.  “Mr Novotny, you clearly have the evidence in front of you. Just because you don’t like what it says, doesn’t make it any the less relevant.   Mr Rollins, please answer the question.”

“Same as before, he felt abandoned.”

“Abandoned?  I draw the court’s attention to Document 1A, an email from the defendant to yourself in which he states and I quote; he’s gone to look after poor widdle Boy Wonder and has no time for me, his best friend all of his life.  And Ben is either working on the most boring book in the world ever or trying to stay alive so he can look after Hustler Boy Hunter.  So I was wondering if you wanted to go for a drink. I could use a friend.  Did you go out for a drink with him and if so, where?”

“Yes and mostly bars in Sewickley and Lawrenceville.”

“Didn’t it strike you as odd that since both of you lived near Liberty Avenue, these places were a little far out for a friendly drink?”

“Yes but then after a while, it became clear what he wanted and I was single at the time.”

“So how long after the first drink did you first sleep with him?”

“On our third friendly drink.” That answer caused a buzz within the courtroom.

“I will have silence!”  The judge orders, knocking his gavel once. The room immediately quiets as Mr. Williams asks his next question.

“And that was a regular thing until Mr Bruckner got sick, correct?”

“Yes and…”

“Object…”

“Sit down Mr Novotny or we will hear this evidence without you!  Continue Mr Rollins.”

“About a month after Mr Bruckner got sick, he came in and in and cashed the policy, saying it was to pay for medical bills.”  I finish.

“Was the signature checked?”

“Yes.  He explained that the difference in signatures was because Mr Bruckner was very weak.”

“Your honour with permission, from the floor, may I ask Mr Hans Crisp, a graphologist to comment?” Mr. Williams requests.

“You may.  Mr Crisp, please stand.”

“Mr Crisp, you’ve compared the two signatures. Could weakness be explained for such glaring discrepancies?”

“No Mr Williams.  In my opinion, the signature on the encashment form is too firm, like it had been traced.  You can feel the signature on the other side.  This is not something a weak man would do.”

“Thank you Mr Crisp, you may sit.”

He turns back to me.  “So the affair ended?

“It wasn’t an affair; it was just two guys fucking. There was no emotional attachment on my part.”  This time I do look at him and he looks insulted…good!  “And no, it didn’t end. We continued to sleep together up to two weeks before he died.”  I make air quotes with my hands, indicating what I was told.

I look up at their side of the courtroom and I see Ben just shake his head.

“After Mr Bruckner died, what happened then?”

“His son committed suicide…”  There is an astonished gasp.

“Again silence!”

“Objection!  Heresy... I mean hearsay!  There is no proof that I said that!”  He looks smug.

“Mr Williams, do you have proof?”  Judge Carruthers asks.

“Yes your honour.”

“Overruled.”

“Mr Rollins, isn’t it customary for all interviews and telephone calls to be recorded?”

“Yes.”

“So how did he communicate his son’s death to you?”

“He came to the office.”

“With your permission your honour, may we play the DVD, notated as Document IB, to the court.”

“Proceed.”

“Objection!  I don’t have that.”

Mr Williams stalks to his table and does a quick shuffle through.  “It’s this one and… why is this still sealed?  Didn’t you… what am I saying?  Of course, you didn’t!  If you want me to help you sort your papers into a more logical order, let me know.”  He stalks back to the stand.

“No thank you. I’ve got this!”

“No you really don’t!”  I can’t help myself saying. Novotny just glares at me.

The DVD starts and I cringe as I watch him fling himself into my arms, sobbing hysterically and I usher him into a room.  I am glad when it is finished and everything I have said is manifested.  Personally, I feel vindicated by everyone seeing it for themselves.

“Mr Rollins.  Was that the last time you saw the defendant?”

“Yes.  He called me to say that that with everything that had happened, he couldn’t stay in Pittsburgh anymore.  So he was moving to Europe with his daughter.”

“Did you ever meet his son?”

“No.”  I look at Novotny and start to feel sick.

“Your honour, could I…” Mr. Williams asks but the judge is already ahead of him.

“Would Hunter please stand.”  Judge Carruthers orders.

“As you can see Mr Rollins, he is very much alive.” Mr. Williams tells me.

“Hunter you may retake your seat.”  Judge Carruthers smiles.

“Thanks.”  He says and then shoots back up again.  “Sorry!  I mean thanks your honour.”

“You’re welcome.”  He smiles.

“So let us come onto the matter of the death certificate for Mr Bruckner.  Why is one not on file?” Mr. Williams asks next.

“Mr Novotny was meant to send one in but it never got to us.”

“Did you try to contact him again?”

“Yes.  But he never got back to me, what with all that happened – or as I believed it to have happened at the time – it was understandable.  And when I was transferred myself a few weeks later, I left the case with my replacement.  Then I forgot about it and him.”

“Thank you Mr Rollins.  No further questions.  Your witness.”

MICHAEL

“People of the jury.  I will seek to prove that this charge is bogus and I am being harassed!”

“Objection!  How is he being harassed?”  Williams asks.

“Mr Novotny?”

“Yes your honour?”

“How are you being harassed?”  He grinds out.

“It will become clear.”

“Sustained, just, get there quickly.”

Hah suck on that!

I approach the stand and smirk.  “So how much did you get?”

“Get?  I’m not sure…?”  Kier looks at me and then the Judge.

“Jail time.  What did they offer you so you would come up with this bullshit?”

There is a slapping noise and a groan. I’m not sure where it came from.

“Jail time?  I’m not in jail.  Why would you think I’m in jail?”

“I was told that you reached an agreement with the prosecution.  Are you saying that they lied?”  I look at the jury.

“No.  I gave them a written statement as to what happened.  And Pearl provided evidence that what I wrote in the statement was true before they terminated my services.  Although, I have been banned from working in the financial…”

“Are you representing Pearl now?”

“No.”

There is muttering behind me.

“Why not?”

“Because I failed to follow due process to completion and fraternized with you, I was fired.  The terminated my services part as I said previously.”

Fired!  So that’s my in!

“So this is revenge on me for losing your job?”

Again the slap and a groan.

“Your honour, shouldn’t you be silencing that?”  I query, leaning smugly against the table.

“A slap and a groan is surely not going to interrupt the train of thought of such a highly intellectual individual as yourself, will it?”

“Of course not.  I just didn’t want you to be distracted… your honour.”  I lift my eyebrow.

“Your zipper being down is doing that.”  Kier sneers.  “Where your brain, such as it is, is suffering from a freeze.  This has got to be the explanation for the stupid way you have acted so far.”

“Now just a minute... you can’t fucking talk to me like that.  Your honour, tell him he can’t talk to me like that in my legal capacity as…”

“Mr Novotny.  We are not in kindergarten and I don’t like tantrums in my court.  He has not said anything today that can’t be proven to be true.  Now do up your zipper and proceed with your relevant questioning.”

I stalk to my chair and sit down. After pulling up my zip, I gather a sheaf of papers and stride to the stand.

“If you had no emotional attachment, why did you keep fucking me?”  I turn to face Ben to see his expression and his face is blank.

“Objection.  Relevance!”

“Sustained.  Mr Novotny, stick to the case of medical insurance fraud, not you trying to soothe your ego.  And you need to prove your harassment as well.”

“Oh that’s simple.  It’s racial harassment.”

The judge gapes at me.  “On what grounds?”

“Isn’t it obvious?  Look at Zaden, Mr Williams and Mr Rollins.”  I walk to the jury.  “These people have one thing in common. Surely you can see this your honour and some members of the jury as well?  Zaden has turned my daughter against me, who in turn found Mr Williams to represent her in a ridiculous case of breach of promise and because Mr Rollins is bitter with me for ending our affair, for that is what it was, he has made all of this up…”

“Your honour!”  Charles flies out of his seat.

Got you rattled now, don’t I?

“Sustained!  Those comments from Mr Novotny are to be disregarded by the jury and struck through on the record.”

“Your honour, why are you doing that?”  I demand.

“One it’s not relevant and two it’s not true that you are being harassed by Ms Stark, Mr Williams or Mr Rollins, none of whom have brought charges against you.  Although, ordinarily I would suggest defamation of character, I would advise against it in this case.”

“I object.  It is...”

“Your honour?  A moment please.”  He looks at his bailiff and sometime cop.  “Yes Malcolm?”

“Apologies to the court and the jury.  But Supreme Court Judge Rausch wishes to see you in your chambers immediately.”

“Fine.  Court is adjourned for two hours.  My apologies to the court and counsel!”

“All rise for Judge Carruthers.”

CHAMBERS OF JUDGE MARTIN CARRUTHERS

JUDGE RAYMOND RAUSCH

“Good God, he’s a piece of work!”  I sigh.

“Mutual friend called?”  I twist my neck to undo the knot and hand him the papers.

“Two actually.”

For almost ninety minutes, we go over everything with a fine-tooth comb to make sure there is no comeback for him for this.

“You’ve already sentenced for the other charges right?”

He nods.  “But the jury is already sworn in and has heard prosecution side.”

“From what I’ve seen he’s not questioning, he’s filibustering so end it and send the jury out.”

“Thanks and thank them too.”  He looks so relieved.

“Anytime.  Just make sure your submission is double airtight and although it is stricken, the comments have to be in there.”  I hold up my hand.  “I know you know your job Martin but when he appeals and works out that you’re Black too, well…”

“He is all kinds of fugly.”  He snickers.

“Who’s the head slapper?”  I chuckle.

“Ah his secondary.  That would be Belinda Josh.”

I nod.  “Look this is proven, so end it.  End it with yourself too.  The burglary charges are the ones they need to nail him on and he can argue against, despite the evidence they have.  Let’s concentrate on them.”

“Are you absolutely sure?”

“Yes, absolutely.  And one other thing.”  I stop before I open the door.  “Let him stew a bit.”

COURTROOM 1

BELINDA

We’ve been allowed in and we’re just waiting for the jury to come back.

“What’s taking so long?”  He demands loudly.  “And I bet there’s no Rausch.  I think I got them scared.”

“No you haven’t.  Pissed them off?  Yes.  But scared of you, they are not.”  I reply tiredly.

There’s laughter from the court but no reaction from the other side.  The side door opens and the jury come in.

Another 15 minutes later, Malcolm turns to the door and then back to us.

“All rise for Judge Carruthers.”  He orders.

JUDGE CARRUTHERS

“Please be seated.”  I clear my throat.  “Having sought counsel…” He snickers and rolls his eyes. “Something amusing Mr Novotny?”

“No nothing.  You go ahead your honour.”  He gives me a tight and insincere smile.

“I decree that the jury should retire to consider their verdict…”

“What?  I haven’t had a chance to question anyone?”  He snaps.

“You have Mr Novotny but you have not used that time wisely.  And it’s the opinion of this court that you will behave in the same vein with further witnesses.”

“You can’t…”

“Mr Novotny, would you like to be removed from my court for the rest of my summation?”

It takes him a good minute to calm down.  “No your honour.”

“Ladies and gentlemen of the jury, you are dismissed to consider your verdict.”

As they file out, I see him whispering furiously at Belinda, who is just shaking her head and shrugging.

“Ladies and gentlemen of the court.  As is customary, there will be a wait period of 10 minutes just in case the jury come up with a quick decision.  During this time, please wait quietly.”

“Y-your honour.”  Malcolm stammers.  “The jury has reached a verdict.”

“Already?”  I look at my watch, it’s not been a minute yet.

“That’s what they said.”  He replies.

“Fine, let them back in then.”  I reply and they quickly take their seats.  “The defendant will rise.”

He stands up looking at the jury with a small smirk on his face.

“Will the foreman stand?”  I know I shouldn’t feel this but the relief when the foreman is a White guy is overwhelming.  “You’ve reached a verdict?”

“Yes your honour.”

“Very well.  In the case of the State vs Michael Charles Novotny for the charge of medical insurance fraud, how do you find the defendant?”

“Guilty.”

“And this is the verdict of you all? There are no dissenters?”

“No your honour.”

“Thank you Mr Foreman, you may sit.”  I turn to face Novotny, who has gone an extraordinary colour.

“Mr Novotny, you have been found guilty in the case of medical insurance fraud by a jury of your peers.  I will now proceed to pass sentence…”

“NO!  This isn’t right!”

“Silence!”

“This is fucking bullshit.  I have evidence, lots of evidence…”

“Final warning Mr Novotny.”  I growl.

Soon the only sound is of his heavy breathing.

“In the case of the State vs Michael Charles Novotny, I, Judge Martin Avery Carruthers, order the defendant to serve 5 years in prison.  This sentence to be served, again, consecutively to those already handed down.”

I gather my papers and turn to the jury.  “Thank you ladies and gentlemen of the jury, you are dismissed.”

“You’re cunts all of you!”  He shouts at them.

“Remove him!”  I order.

It takes a good two minutes for him to be removed and then there is silence.

“Let’s just wait until he’s secured in the cell.”  After two more minutes, the guard returns and is smiling.  “Prisoner is secured?”

“Yes your honour.”  His smile gets wider.  I look round the court and people are frowning and smirking.  “And the reason for your expression is?”

“Tank took him down your honour.”

Malcolm snickers and I mock-glare at him.  “Sorry your honour.”

“Counsel, is there anything you wish to ask before I close this case?”

Ephraim stands.  “No your honour.”

“Very well.  This case is closed.  Court is dismissed but counsel and their clients to remain as is Ms Josh.”

When the last of them are gone, I smile at Ephraim.  “Well done and at that point well held.”

Ephraim chuckles.  “Between Meriam and Sol, I couldn’t get up if I wanted to!”

“I see.  I did wonder what the sudden jerk was about.”  I chuckle and then sober up.  “However, this will be the last case I will preside over where Michael Charles Novotny is concerned.  Upon legal advice, although to be honest I had reached the same conclusion, I have asked to be recused.”

“Wow!”  Malcolm gasps.

“And I wish to know if, you Ms Josh would like…”

“Please!  Oh God yes!  I wish to be recused!”

“In that case, Malcolm if you please?”

He steps out and comes back in with Judge Milner, who smiles at the family.  “How nice to see you all again, albeit under trying circumstances.”  He says.

“Y-you know these people?”  I stutter.

“Oh yes, dealt with them some time ago, both Meriam and I did.  These the recusing orders?”  I nod and he reads them quickly before signing.  “Ms Josh, this is yours and Judge Carruthers these are yours.  Submit them quickly.  Good night all.”

He waves and quickly leaves the courtroom. I let out the breath I have been holding.

“So the remaining charges will be heard by another judge and that won’t be for another week, as he has things to do.  This also gives the court time to find another secondary lawyer for him.  I extend my apologies Ms Josh as you were thrown in the deep end.”  She gives me a small smile.

“He’s still going to represent himself then?”  A young girl asks, her face pinched with fury.

“Yes he still can but hopefully his secondary will talk him out of that.  And you are?”

“Jenny. That…whoops.  Jenny, your honour.  And that was my father but I have a better one now. A much better one.”

“I see.”  I can see Novotny in her and shake my head.

“Your honour?  May I ask another question?”  Jenny looks shyly at me.

“You may.”

“Are you Black?”

“Yes I am.”

“How the fuck didn’t he notice?”  She scoffs.

“Some people only see what they want to see.”  I reply, frowning at her language.

“Sorry for cussing, your honour.  And you’re right as that’s certainly true of him.”  She puts on her coat and then looks at me again. “Can we go?”

“Yes, you may all leave.”

“Okay people, let’s get the f-f-flip out of dodge!”  She stalks to the door and holds it open. I watch in amazement as one by one, everyone obediently files out.

When there is just Malcolm and I in the courtroom, I turn and find him shaking with laughter.

“Heard say they call her Pitbull.”  He manages to get out.

“I can see why!”  I join him in the laughter.

TREEHOUSE – EVENING

BRIAN AND JUSTIN’S BATHROOM

BRIAN

I sluice water over his back as he slides back down my shaft again.  “Yes!”  I hiss.

“Oh!  It’s so silky!”  He groans and then leans back to capture my mouth.

I reach down, grabbing his shaft and slowly flicking my thumb across his slit before sliding my hand lower to stroke his perineum. I have to wrap the other arm round his hips to keep him still.

“Brian.”  He tears his mouth from mine and starts to pant as I repeatedly thrust my hips nailing his prostate every time.  “Oh God!”  He throws his head back onto my shoulder.  “So good.”  He mewls.  “Mmm!”

“How close?”  I suck on his lobe and twist a nipple. The kicking of his feet tells me he’s very close!

“Brian!”  He squeals and tries to pull forward but I hold him tighter.  “Let me…oh…let me look at you.”

“No, I love you like this.  Mine all mine!”  I growl and slide my hand back over his shaft. He almost kicks the tap.

“Not the close I was talking about.”  I murmur.  “How close are you now?”  I keep jacking his cock and thrusting.

“Holy…!”  He yells as he clamps down.

“Mother of God!”  I shout and explode.

Ten minutes later, the water is warmer and I kiss his neck.  “Is this what freedom feels like?”

“Mmm.  Jesus, he’s going to jail for over 15 years.”

“And if he represents himself, he’s going to come after you with everything he’s got.”

“What else does he have for fuck sake?”  He turns round and wraps his legs around me.  “I don’t know who else he would call?”

PITTSBURGH CORRECTIONAL FACILITY – NEXT MORNING

INTERVIEW ROOM

MICHAEL

I look at my new secondary lawyer, Albert Thomas, at least he’s a man!

“So Mr Novotny, what else is there to discuss?”

“I want to call two more witnesses.”

“Fine that’s fine.  Would they be evidentiary or character?”

“Character.”  I reply with a smile.

“And they would be?”

“Craig Taylor and Joan Kinney.”