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Chapter 8

Joe sat next to his brother on one of the plush couches of the sunroom, occasionally gazing out the floor to ceiling windows at the glittering lights of the city below. Listening to his father explain exactly what would happen in the next day's proceedings, Joe knew he'd be better prepared for the emotional impact, yet a part of him wanted to block it all out. He could almost feel the nightmares building in his subconscious, begging to be released where they could wreak havoc on his psyche. Suddenly Joe wondered if this were such a good idea after all. Maybe being blindsided in court each day wasn't such a bad thing. At least then, he'd only have to contend with the bad dreams after each day's disturbing testimony, instead of before and after.

Joe forced himself to refocus on his father and not let his mind wander into potentially dangerous territory. Fenton was telling them Frank would be the first witness called in the morning. Handling intended to ask one lead in question and simply let Frank tell the jury his version of events from the time Vanessa called him from the airport up through seeing the security videotape. He would ask questions only if he wanted specific details. When his testimony was completed, Frank would be dismissed with the stipulation he would be recalled later in the trial.

"Does Handling have any surprises planned during my testimony?" Frank asked, glancing at his younger brother warily.

"No, not for you." Fenton shuffled a few papers nervously.

His vague response and sudden nervousness conveyed the message that the 'surprises' would come later in the day.

"When Frank is done, Handling will call me," he continued. "After establishing how George and I know each other, he's going to ask me to repeat what George and I said after George identified Rashman on the security video. That's when things could get dicey." Fenton sighed and leaned back against the cushions of the couch.

"How so?" Frank asked, puzzled.

"That's the first time Craig Rashman's name comes up. Handling wants the jury to know as much as possible about Craig – who he is, who he worked for, what his job was and especially that he trained Keith to follow in his footsteps. Everything Keith knows, he learned from his brother.

"More importantly, he wants them to know that Craig is now in prison serving three life sentences, and I'm the one who put him there. He wants the jurors to come to the conclusion that once Keith figured out Joe was my son, he was twice as brutal." Fenton stopped abruptly and looked out the window. His heart ached knowing that was exactly what had happened.

"He wants to close out the day by insinuating Keith decided to kill two birds with one stone. He made a conscious decision to get the information he needed from Joe and get revenge on me at the same time. His final point would be that someone who was temporarily insane wouldn't be able to make all those connections, therefore Rashman had to know what he was doing."

"Why would any of that be a problem?"

"The second Craig Rashman's name comes up, Barning will object and with good reason. Craig is not on trial here. The jury has no idea he even exists let alone who he is. Barning can argue Craig has nothing to do with this trial and the line of questioning should be disallowed. If the judge agrees…" Fenton shrugged, letting his silence finish the sentence.

"The jury will never find out about Craig!" Frank said angrily, certain Keith Rashman's abuse of Joe had escalated dramatically once he made the connection between Joe and Fenton.

"Do you think that'll happen?" Joe finally spoke.

"I honestly don't know," Fenton responded. "The judge could agree with Barning and disallow it immediately. Or he could let Handling begin the questioning with the warning he has to connect it to this case right away or it will be stricken from the record. That's what we're hoping will happen. Technically, that information won't make or break the case, but it would put a huge dent in Rashman's claim of temporary insanity."

Joe nodded as the anxiety that had been temporarily numbed over the past few hours fully reawakened.

"And that's when the fireworks will start," Fenton warned him. "Handling intends to push the limits as far as possible in describing how brutal Rashman was with you. I don't know how much detail he'll get into before Barning finally objects, but I want you to be prepared. He'll keep going until the judge forces him to stop." Fenton looked at Joe concerned.

Feeling not only Fenton's eyes on him but Frank's as well, Joe suddenly felt as if he were under a microscope with his every thought and feeling being analyzed. He forced a reassuring smile to his face. "Don't worry, Dad. I'll be ready." Abruptly he stood up. "Anything else?"

"No, that's it," Fenton replied. He watched Joe literally flee the room and turned to Frank, feeling helpless.

"I'll talk to him again in the morning, Dad. Now that he knows what to expect, he'll be okay." Frank tried to put his father's mind at ease.

Fenton nodded grimly and went back to shuffling the papers in front of him.

oooOOOooo

As Keith Rashman was ushered into the courtroom, he deliberately sought out the Hardys, glaring first at Fenton and then Frank, saving his most menacing glare for Joe. Joe returned the look, unflinching, as he silently repeated Frank's words of encouragement from just an hour or so earlier. Joe reminded himself he was not alone, hoping to alleviate the anxiety and apprehension Rashman's presence always seemed to ignite inside him. He concentrated on the feeling of being surrounded by his family as Frank leaned over and whispered in his ear, "Remember, we've got him outnumbered." Joe looked up and smiled at his brother. Knowing the emotional chaos that was waiting for him at the end of the day, Joe could only hope his current positive frame of mind would hold out that long. His attention turned to the front of the room as the first witness was called.

"The prosecution calls Franklin Davis Hardy."

Joe watched as his older brother rose and walked to the front of the courtroom, ignoring Keith Rashman as he passed the defense table. With a smile, Joe noted it was getting increasingly difficult for Rashman to keep his hatred of the Hardys hidden, despite his attorney's frequent reminders. As Frank walked by, Rashman's contempt for him was clearly visible if only for a second. While Frank was being sworn in, Joe saw Barning lean over, apparently reminding his client yet again about outward displays of hostility.

Listening to Frank recount his version of what happened the night Joe was abducted, Joe was hit with the realization that he would never be fully prepared for what each day's proceedings would reveal. For the first time, Joe heard about Vanessa's frantic phone call to Frank when he failed to disembark from the plane. Joe caught the slightest echo of guilt in his brother's voice when he explained why he hadn't answered when Joe initially called him. It was that moment when Joe understood he wasn't the only one who would be haunted by very painful memories as the trial progressed.

Just as Fenton had predicted, Frank's testimony consisted mostly of Frank relating what had happened the night Joe disappeared. Every few moments Handling would stop him and ask a few questions to bring out something specific he wanted the jury to focus on. By the time Handling finished questioning Frank, it was close to noon.

"No further questions, Your Honor, but I request the right to recall this witness," Handling concluded, returning to his seat.

As Frank stepped down from the witness stand he realized he'd just been handed a golden opportunity. Everyone in the courtroom was seated except for him. Left with nothing else to capture their attention Frank knew all those assembled – particularly the jurors – would follow his every move. In doing so, they would also instinctively follow his gaze.

Keeping his expression neutral, Frank zeroed in on Keith Rashman certain Rashman wouldn't pass up an opportunity to glare at him no matter what his attorney had said. Immediately, Rashman locked eyes with Frank. Very slowly, Frank made his way past the jury box and across the front of the courtroom, keeping his true feelings well hidden. Rashman, however, stared at Frank with venomous hatred.

Suddenly realizing what Frank was doing, Barning quickly tried to draw his client's attention from Frank but it was too late. A stifled gasp from the jury box assured Barning, and Frank, that the jury had not only seen Rashman's uncensored display of hatred, at least one of them understood exactly what it meant.

Had Rashman truly been suffering from temporary insanity when he had tortured Joe and now regretted his actions as Barning had claimed in his opening statement, he would be looking at Frank with sympathy and regret. The intense anger and hatred he so easily displayed was further proof that Rashman was completely sane and the only regret he had was getting caught.

As Frank took his seat between Joe and Callie, he gave Rashman a final glance and silently thanked him for chipping away at his own defense and helping to convince the jury he was guilty.

oooOOOooo

After a recess for lunch, the afternoon's proceedings began with Fenton Hardy being called to the stand. His initial testimony reinforced what Frank had said that morning as Fenton described his actions beginning with the phone call from Frank telling him Joe was missing. As Fenton listened to Handling ask the next question he glanced at Joe, hoping he had adequately prepared his son for whatever the district attorney was about to unleash.

"When Mr. DiSantos recognized the defendant on the video and identified him as Keith Rashman, what was your reaction?" Handling asked.

"I asked him if Keith was related to Craig Rashman."

Barning was on his feet in an instant. "Objection! My client's relationship to Craig Rashman has no bearing on this trial."

"Oh, but it does, Your Honor. And if I am allowed to continue this line of questioning, it will become quite clear in a matter of moments."

"Overruled," the judge stated, "but please make your point quickly, Mr. Handling."

"Yes, Your Honor," he replied, returning his attention to Fenton. "When you asked Mr. DiSantos if Keith was related to Craig Rashman, how did he respond?"

"He said Keith was Craig's younger brother and that Keith was a specialist, just as Craig was," Fenton replied, recalling the fear that had raced through him when he had first heard those words.

"And what did Craig Rashman specialize in?" Handling prompted.

"Your Honor, I have to object! Craig Rashman is not on trial here. There is no reason for discussion of any special talents he may have," Barning objected again, nervously eyeing the jury.

"Mr. Barning, I have already allowed the line of questioning. If Mr. Handling's reason doesn't become clear, it will be stricken from the record. Now, please sit down," the judge ordered, as he turned to Fenton. "You may answer the question."

Outwardly, Fenton showed no emotion at all, but inside he was grinning from ear to ear. Handling wanted the jury to know that a New York crime family had employed Craig Rashman as their top enforcer, his two main jobs being torture and murder. He wanted them to know Fenton Hardy was the man who had finally uncovered enough evidence against Craig Rashman for him to be found guilty of three counts of murder. He wanted them to know Fenton Hardy was the star witness in Craig Rashman's trial. Above all else, he wanted the jury to make the connection that Keith Rashman held Fenton Hardy personally responsible for his brother having to spend the rest of his life in prison.

"He was the number one enforcer for the Sancini crime family in New York City and specialized in torture and murder," Fenton replied.

"Do you know where Craig Rashman is right now?" Handling asked, turning towards the jury.

"He's in the New York State Penitentiary serving three life sentences for murder."

"Mr. Hardy, who gathered the evidence against Craig Rashman that resulted in his conviction on three counts of murder?"

"I did."

"Who was the star witness at his trial?"

"I was. "

"And who was the person whose testimony was essentially responsible for achieving the guilty verdicts and is the reason he will spend the rest of his life in prison?" Handling stared at the jurors, anticipating their reactions.

"I was," Fenton confirmed.

Handling watched and waited, letting the jury absorb the new information. He saw the spark in the eyes of several jurors as they realized the significance of what they had just heard. He took a few steps forward and positioned himself directly in front of the jury.

"So years later, Keith Rashman, who was trained by his brother in the art of torture and abuse, finds his latest victim is the son of the man who sent his brother to prison with no hope of ever being released. Fate has suddenly given him the chance to seek retribution for his brother's imprisonment and he wasted no time in doing so. With relentless and savage acts of barbarism…"

Barning was on his feet instantly. "Objection!"

Joe felt his heart pounding in his chest and knew he wasn't even close to being prepared enough for what he was about to hear.

"…the merciless, inhumane torture…" Handling continued theatrically.

Joe could feel his breathing start to become erratic.

"Your Honor!"

"…sadistically tormenting…"

The voices seemed to be fading away as Joe heard the echo of Keith Rashman reminding him to be still. Joe shuddered involuntarily, feeling the enraged scorpions in his hair and on his arms.

Clutching his left arm tightly to his chest, Joe closed his eyes and prayed for the nightmare to end. Instead, he found himself caught in a tangled mass of horrifying flashbacks unable to find his way out and perilously close to collapse.