AN: I had taken this down initially because of concerns over its quality. But I decided I like it and I hope it gives at least someone entertainment. This is my first outsiders fanfic.. I welcome any concrit or feedback.
Disclaimer: I own nothing. This is all SE Hinton's property (and any of her licensees).
"Pony," I said, looking at my kid brother, never had the word kid had more meaning then when describing Pony, earnestly. "Watch your tone. Watch what you say."
"But, what if they try to say that Johnny killed Bob." Pony said, breaking my heart again. The doctor had explained it to me. Ponyboy was dissociating. Believing that he, not Johnny, had killed Bob was easier than the truth: Johnny was dead. However, dissociating or not, we were inside the court building and I absolutely did not want those words said and repeated.
We were grease, JD. This day would be hard enough without Pony speaking out like this. I had tried to get the date postponed until he was feeling better, but as if to prove my point, the judges had refused to set the date back. They had told me that I could charged with contempt of court if I did not present him. I would have easily taken the contempt of court to prevent Pony this trauma, however, that would have guaranteed that Ponyboy would have ended up in a Boys Home and would have had to testify anyways.
We were waiting outside Judge Alexander's courtroom for Pony's trial. I had looked him up the moment I had seen we were assigned to his docket, going to the library for the first time for over a year. It did not look good for us. A fact that made me laugh as this should be open and shut. In fact, it should be the soc's on trial, not Pony. After all, they are the ones who held his head under the water.
I forced myself to stop thinking about that. If I went down that path I wouldn't be able to focus. Steve had jokingly called me 'all brawn no brain' once, but I believed that if I stayed on this mental path, I would prove him right.
Instead, I tried to focus on Ponyboy and how to help him even if this did not go our way. "Is there a kidnapping option?" I asked myself, starting to try to plan how I could help Pony escape from jail and run to Canada. Another benefit of this plan was that, this would also help keep Soda from being drafted for the dratted Vietnam War.
Soda came up to me. He appeared to know what I was thinking. He put a hand of my shoulder, trying not to let Pony see what he was doing.
"Don't sweat it, kid, there is nothing the state can do that we can't undo." Steve said, looking bored. He took out a cigarette.
I immediately grabbed it out of his hand, angry. Why didn't the guys ever think? Smoking. In a courthouse. What a way to impress the judge.
"Sorry." Steve said, a cloud passing his face, looking guilty for once. "I didn't think."
Soda clapped Steve on the arm to show it was okay. Before I could say anything, a tall bald white man and a short white woman approached me.
"I am Bruce Smart, Judge Natalie White's CSO. This is Miriam Hartman, Judge Alexander's CSO. There has been a change of schedule. You will be appearing in Judge Natalie White's courtroom. Same time. If I might escort you I will fill you in on procedure."
Soda looked a bit concerned, but I was not. We could not get worse than Judge Alexander, could we. We followed the man. He paused for a moment and I caught up to him. Subtly indicating to Soda that he should follow me there.
"Judge White has all of the briefs that have been filed. We also have the procedural motion regarding limiting Ponyboy's testimony." Bruce said. "Do you know the procedure of juvenile court."
I hesitated but said, "I would appreciate any information you could provide." The legal aid attorney had told me a bit, but I didn't trust him. He had too many cases and we weren't paying him enough to care.
I had a feeling that somehow Bruce understood. He told me, his face impassive,. "Juvenile court is closed court. I noticed you have friends with you. That should be fine so long as you, as Ponyboy's guardian, and Ponyboy do not object… and they behave. I will warn you, Judge White is strict about that. She will have no compunction about citing anyone for contempt or kicking anyone acting unruly out of the courtroom. We have scheduled the whole morning for this. Judge White would like to resolve this matter this morning." Bruce looked over his shoulder, which I appreciated. At least he was showing some concern about Ponyboy. "We understand the… psychological considerations during this trial. Back to procedure. Unlike in criminal court, the judge has more of an active role. Judge White is one of the assertive ones. She can tell the attorneys to call witnesses and ask questions of all witnesses."
I nodded. At that point we arrived. Bruce gestured Soda and I inside.
I went forward to get Ponyboy, but Bruce shook his head. "Mr. Ponyboy Curtis. Please wait out here." Bruce raised his voice. "Anyone having business in the case of the State vs. Ponyboy Curtis enter the courtroom. Latecomers will not be tolerated."
I quickly gave Pony a hug. "It will be fine. Watch your tone." Where is your cursed lawyer…. Max… you had better get here and fast.
Soda followed suit and looked over his shoulder as I tugged him inside, Steve on his other side, Two-Bit following close behind us.
Bruce led us to seats right behind what I recognized as the defendant's table.
Five minutes later, though it seemed like a year later, Ponyboy was led in and seated on the table. "Where was his lawyer." I thought yet again. I had pawned the last piece of mom's jewelry to pay his fees and he could not even come in on time.
I walked forward put my hand on Pony's shoulder. I kept my right hand on Pony's shoulder and Soda put his hand on Pony's left. I gave Soda a comforting, it will be all right look, over Ponyboy's shoulder. I also needed to keep Soda calm, or there was no telling what he would do.
The door in the front of the court room opened and the judge, a woman with laughing eyes who still managed to look stern with red hair walked in. "Where is the attorney for the defense?" she asked right as the bailiff said, "Superior court is now in session. The honorable Natalie Madison White now presiding."
I stood up, uncertainly. "I do not know, your honor. I spoke to him this morning and he was aware of the hearing time."
"Who are you."
"Darrel Shayne Curtis, Jr., your honor. Ponyboy is my youngest brother."
"You are also his guardian?"
"Yes, ma'am." I cursed myself for not mentioning that first. "Who is the attorney?"
"Max Samuelson."
I could see the eye roll. "Mr. Smart, please call Mr. Samuelson and tell him if he is not here in fifteen minutes not only will he be subject to ethics liability, but he will be subject to contempt of court citation."
Before Bruce got up, the door opened and Max Samuelson came rolling in. I resisted the impulse to smack him, there would be enough time for that later if need be. "My apologies your honor."
Natalie just glared at him. "Kathleen Renart for the state, your honor." The attorney on the other side of the room said, getting up.
"Max Samuelson for defendant, Ponyboy Michael Curtis, your honor."
I could not listen to the state's charges. I focused on Ponyboy who had turned around and was looking at me. I kept one hand on Soda's arm and one on Steve's to keep both of them calm and collected during the statements.
The first witness was the officer who, to my great surprise and joy, only testified to what he saw when he got there. Max also, to my surprise, did a great job making sure to emphasize to the court on cross-examination that all he had knowledge about was what happened when he got there. that he had seen broken bottles and a lot of hair as well as splashed water on the scene, consistent with someone being drowned.
Max called the Socs, who came in with their parents and the girls, especially Cherry Valance, gave their parents a nervous look before testifying. I let my breath out when they all testified honestly that it was Bob who had instigated the fight. I would take anything.
Soda and I testified without incident. The only question that gave me pause was when they asked about Dally. I knew his record and what answering the question did you know Dally and was he a friend of yours meant. But he was above all a member of our gang. A dear friend who had looked after Pony and Johnny. And he deserved our acknowledgement.
I saw Soda hesitate with that one as well. But like me, he gave Pony a sorrowful look, but testified honestly.
Lastly, Max called Ponyboy, which caused me to glare death at him. He looked nervous as he knew what this meant. Most of his business came from the East Side. If he messed this up not only could he not walk into my turf without Soda, me, or the guys jumping him, he would have problems getting business from anyone on the east side.
"Your honor, before Ponyboy Curtis testifies, may I approach?"
"May I approach as well." I asked, wanting to ensure that Max did not mess this up.
"I am inclined to agree." Natalie said, obviously having limited faith in Max. "Ms. Renart?'
I started when she said,"No objections from the state, your honor."
I approached but let Max do the talking. I knew my presence itself would keep him focused and doing a good job. "Your honor, my client has suffered an emotional and physical trauma. Therefore, this has led to him believing, at least to a degree, that, frankly, he killed Robert Sheldon, Jr., which the facts do not bear out. I can present Ponyboy's doctors who will testify to this. I therefore request that he be asked only general questions and as little as possible about the events of that night."
That was probably sufficient but I felt compelled to speak. Before I could say anything. The judge said, "I would like to speak to Mr. Curtis's doctor." She turned to Renart. "Any rebutting doctors?"
Kathleen shook her head. "We reserve the right to call a rebutting expert, however we fully expect to be satisfied."
"Your honor." I asked, uncertainly. "May I say something."
The judge hesitated but nodded. "He has nightmares of what happened and just is recovering from a four day coma. Please, I beg you. "
"Thank you, Mr. Curtis. I will hear the doctor's testimony in chambers and the present parties may accompany me."
I nodded to Sodapop to tell him to watch Pony as I followed the judge. The Soc's had arrived with their parents to testify and I wanted to make sure that they did not try anything. The guys also nodded slightly to indicate that they were on guard. Steve affected his bored look, which indicated the opposite, that he was on guard, his hand also subtly went to his back pocket, where I know his switch was.
I focused on the judge's face as the doctor repeated everything, albeit in more technical terms. "In my professional medical opinion, Ponyboy Curtis cannot and will not accurately relate anything that blames Johnny Cade. I respectfully recommend that the attorneys do not ask him anything even slightly stressful."
Natalie nodded. "So ordered. I believe that we have enough of an account of what happened. Ask him what is necessary to fill in gaps, but nothing about the fight, the flight to Windrixville, which is irrelevant to this portion of the proceedings or especially the fire."
My ears perked up at the statement this portion of the proceedings.what else was there.
"All right. Back to the court room."
"The state calls, Mr. Ponyboy Michael Curtis to the stand."
I watched nervously as Ponboy went to the stand. Luckily, the judge, prosecutor, and Max all abided by the rules. They asked Pony simple questions about school and in the middle would squeeze in a question about how they got to the park.
"All right. I think I have enough information to rule, unless you have anything else." Judge White said.
I held Sodapop's hand tightly trying not to let my face show any anxiety, but knowing I was failing miserably.
"The evidence is clear. First of all, Ponyboy did not touch Bob, and any fighting that he did was clearly self-defense. Therefore, I find him not guilty on charges."
I made and pounded my fist on my leg in victory holding back a yell of victory.
Some of the guys were not so restrained. I heard Two-Bit let out a victory whoop in the back.
I got a sense of foreboding as no one dismissed the court. Max's body language also made me nervous.
"However, unfortunately, the newly passed legislation requires that we also consider the matter of custody." Natalie said. "Therefore, that part of the case is now open. We have Ellen here, from the Department of Children and Families, and Margaret Saunders, representing DCF. Mr. Samuelson, will you be representing the Curtis family."
"I am afraid I am a criminal attorney and do not have the requisite expertise." Max Samuelson said, making me want to clobber him.
"Mr. Smart, see which attorney is on rotation today to represent the Curtis family and twenty minute recess."
I needed to collect my breath. I was seeing red. Pony wasn't guilty so why was I going to lose custody. I had no doubt that given the turn of events I was going to lose him to a boy's home. I did not have the time to think fast nor the money to hire a lawyer who had been around the bend and done this.
"Darry." Pony asked, looking so small and lost that it broke my heart.
I turned away to collect myself, seeing Soda grab him from the corner of my eyes.
"Muscles, you let us know what you need." Steve said, quietly. "I can go get Tim's boys here within thirty minutes."
It was tempting and I hesitated as I considered grabbing Ponyboy and driving as fast as we could to Canada.
I shook my head though. That wouldn't help anything, we didn't know for sure how the judge would rule and we could get caught before we got out and that would make the whole situation worse. Not to mention the fact that the guys would get put in the cooler.
No, if this went wrong, I would tell Steve to distract Soda and grab him by myself. If I made it to Canada, then I would call Soda. I shook my head. The guys would say I had planned this out too well especially given that I knew that my better sense would likely overrule that course of actions anyways.
I remembered with a start that Mr. Smythe, one of my high school English teachers, who had liked me and was giving Pony some good grades and letters home had said that he knew Natalie White. Mr. Syme had also offered to help intercede with her or a social worker he knew when the state got very uppity right after Windrixville about having Pony testify when he was still in coma. I hoped that offer was still available.
I fished out some change from my quarter and dialed his number, which I remembered because I had to call him about Pony's grade two weeks ago. He was one of my last hopes. I knew that no attorney who was chosen out of a lottery would be too helpful.
"Mr. Syme, this is Darrel… Darrel Curtis. I am sorry to disturb you. However, we are at Ponyboy's hearing."
I heard his voice get alert.
"Judge White is presiding."
He let out a breath.
"But now they are challenging my custody. I don't want Pony in a boys home."
"Darrel calm down. Don't do anything rash." He said, as if he could have heard my thoughts earlier. "I know Natalie, she is a good judge and a fair judge. She is creative. She will recognize that you are a good guardian who has given everything for Pony. One other thing when I have you on the phone. Don't worry about any… class effects. She is good at looking past that. The fact that you don't have a high priced attorney will actually help you in her court room. Finally though, tell your friends, no antics. She is also no nonsense."
I let out my breath. At least the attorney thing worked in my favor
"Just remember, she is creative and too smart for her own good. She will pull some stunt that will make it look like she is going to rule against you."
"Sir…"
"I will drive down to the courtroom. I don't have a class until after lunch anyways. But just remember what I said, keep everyone calm. Be unfailingly honest. It will work out. In fact, she might chew DCF a new one for what they have been doing to you."
I smiled besides myself. I wanted to see that. "I really appreciate this, Mr. Syme."
"Don't thank me. Just take care of your brothers. Let me hang up so I can get to the courtroom. I am sure the recess is almost over."
"thanks. Bye."
Sure enough, when I turned around Bruce Smart was standing there. "The next pool attorney is Greta Galvestone, she will be here in five minutes and will meet you just outside the courtroom. Judge White has extended the recess for fifteen minutes."
"Thank you, Mr. Smart."
He nodded shortly, turned and left.
I sighed and walked back to the courtroom. I was surprised to see a nattily dressed middle aged white woman already waiting. "Mr. Darrel Curtis? I am Greta."
"This is my brother, Sodapop Curtis. These are our friends, Steve Randle and Keith Matthews."
The guys nodded, feigning indifference.
"We do not have much time. Both older Mr. Curtis's please join me. Mr. Randle, Mr. Matthews, it was nice to meet you. I will be calling both of you as witnesses and as such I would like to ask that you hang around."
I saw the guys smirk and I sent them a warning look. We needed Greta. Unlike with Max, there was no inherent threat of violence or loss of business.
"Mr. Curtis, I am assuming that both of you are seeking custody of Ponyboy?"
"Yes ma'am."
"Sodapop, how old are you?"
"17."
Greta inclined her head. "I am going to have to ask you to leave for part of this. My primary client will be Mr. Darrel Curtis, as he is over 18 and therefore has legal standing. He will also be named the primary guardian."
I nodded for the two of us.
"The main focus of this hearing will the best interest of the child, Ponyboy." Greta explained. "Judge White is one of the best child advocates on the court. However, she is also one of the most creative judges. So I am going to tell you off the bat, I cannot predict how she will rule. she is impossible to predict."
My emotions were on a roller coaster at that point.
"what I can predict is that she will take a holistic view of the picture. She will ask about things that you may think irrelevant. I highly recommending answering her questions and answering them truthfully. I will object if I think its too far left field"
"what about this law she mentioned." I asked, desperately, as I knew the recess was almost over.
Greta's expression made my heart freeze. "Unfortunately, the legislature passed a law mandating that any child who ran away and did not return within 24 hours be removed from the home until it can be determined that the home situation is safe. Additionally, in a temporary custody situation, the presumption is against the guardian. And I noticed from the paperwork sent over, that DCF never labeled you permanent guardian."
I groaned internally, drat DCF. The situation looked bad. I knew that Pony wouldn't survive long in a Boys Home and so I needed to find an alternate placement fast or risk losing Pony.
"And Soda can't be termed guardian because he is not 18." I was more than willing to move out or cede custody to Soda if that is what it took to keep Pony out of a Boys Home. Hey, Soda usually understood Pony and his ticks better anyways.
"That is correct." Greta said. "However, as I said, it will look good if Soda agrees to be secondary guardian."
"that would entail?"
"Giving your word to the court that you will help Darrel raise Ponyboy, help financially-"
"otherwise known as all of what I am already doing." Soda said, starting to lose it. "Darry is an excellent guardian."
"I know that. Once the hearing is done, so will Judge White. However, it is probably going to be a multiple hearing case and you have to be prepared that she will take Ponyboy from your custody at least temporarily. Are there any relatives that Ponyboy could stay with?"
I shook my head. He would be better off at a Boys home then with Uncle Charlie. "There is an Uncle, but he has problems."
"He could stay with the Randles or Matthews?" Soda suggested.
Greta shook her head. "They are not family. Besides, they are too close to you."
Greta sighed. "I will do what I can to expedite the hearing. Tell me about any medical or emotional concerns."
I summarized Pony's headaches and nightmares. I also told her about his dissociative disorder. "I am the only one who can get him to sleep many nights." Soda said, breaking down.
"I can use that to get a hearing date moved up." Greta said.
I turned to Sodapop. "Why can't Soda go with him? He won't take up much room at the Boy's house. Technically he is a minor."
"Soda, if you want, you can make that motion in front of the judge. See what she says."
Greta looked at her watch and turned to me. "All right, Mr. Sodapop Curtis I will have to ask you to leave so I can ask my client about some privileged material."
"Go find the guys. Fill them in." I told Soda, tiredly. I was selfishly glad that I wouldn't be there when they heard the news that Ponyboy definitely was not coming home tonight.
Soda nodded. He put his hand on my shoulder on the way out.
