Chapter 9


Arraignment Day is the next day. Bruce Jones, Keith's attorney, conferences with him in a small room. They sit across from each other at a metal table. A guard is just outside the door.

Bruce: I've talked to the prosecution and they're charging you with First Degree Murder.

Keith hangs his head down and sighs.

Bruce: I'm sorry. I tried to get them to agree to Second Degree, but they wouldn't budge. They're saying this was a revenge killing because of Laurie's rape and pregnancy.

Keith: (Sighs) I understand. How much time will I get?

Bruce: I want to be straight up with you. We're looking at life without parole.

Keith: (Gulps) Life without parole?

Bruce: This is why I tried to get them to agree to Second Degree.

Keith: (a tear escapes his eye) What do I need to do?

Bruce: First, we need to decide how you'll plea.

Keith: But if I did it, why not just plead Guilty?

Bruce: With a Guilty plea, we could avoid a trial and we might be able to work out a plea bargain with the prosecution.

Keith: But I thought you said we were looking at life without parole?

Bruce: I might be able to get parole put back on the table; life with a chance of parole after thirty years.

Keith: What benefit would pleading Not Guilty be?

Bruce: For one thing, a jury could acquit you, or decide on a lesser charge, which would give you a reduced sentence.

Keith: What would you recommend?

Bruce: I'd recommend pleading Not Guilty, but it's your choice.

Keith: (Hesitant) I don't know if I want a trial.

Bruce: I know it's hard, but trust me on this.

Keith: Okay.

Bruce: Tomorrow's the arraignment. Let me do the talking. Unless you're spoken to directly, do not speak.

Keith: Okay. (Inhales) Will my mom be there?

Bruce: She wants to come. Is it okay?

Keith: I guess so.

Bruce: Good. (Closing his briefcase) Any other questions?

Keith: If we go to trial, how long will it take for everything to be done?

Bruce: The wheels of justice turn slowly, so it may take up to two years between now and sentencing if we go to trial. (Pauses and studies his client) Do you need some time to think things over?

Keith: Yes.

Bruce: That's fine. Arraignment will be at one o'clock, so you'll be in the courtroom by twelve thirty. You can tell me your decision then.

Keith: Okay.

Bruce: I'll see you then.


Meanwhile, at the Partridge residence:

Shirley gathers her kids into the living room.

Shirley: Tomorrow is Keith's arraignment.

Danny: (Nervous; hesitant) Do... do I have to go?

Tracy: I wanna go.

Shirley: We're all going. I've sent notes to your teachers excusing you from class for the rest of the week.

Chris: Why the rest of the week?

Shirley: The press will most likely be camped out across the street again.

Chris and Tracy groan. Danny is strangely silent.

Shirley: (Concerned) Danny?

Danny waves her off.

Laurie: (Hesitant) I'm not sure I should go.

Shirley: Oh?

Laurie: (Stammers) The baby's due any day. I just don't know if I should go.

Shirley: You're not having any contractions are you?

Laurie: (Shakes her head) No. I'm just...

Shirley: I still want you to go. Keith needs us to be there to support him.

The kids nod.

Shirley: I know this is going to be tough on all of us.

Chris: What is an arraignment?

Danny: It's when the judge tells Keith what they're gonna charge them with.

Tracy: Will he get to come home?

Danny: (Visibly upset) He's not coming home.

Chris: He's not?

Shirley: We don't know for sure, but it's not likely he'll get to come home.

A couple tears roll down Tracy's cheeks as Danny and Chris try to hold theirs back. Laurie sits, stoic.

Shirley: (Signs) I know this is tough for all of us, but we'll get through this.

Chris: Is Mr. Kincaid coming too?

Shirley: He is.


That night:

Shirley checks on her kids before turning in for the night. She hears sniffing coming from Danny and Chris's room. Danny, wiping away his tears, is facing away from the door.

Shirley: (Sits on the side of his bed) Danny? Are you okay?

Danny: (still facing away from the door) Guess so.

Shirley: Wanna talk about it?

Danny: No.

Shirley: (Consoling) I know it's hard...

Danny: (Interrupting) No, you don't! You weren't there! (Sobbing) It was awful!

Chris wakes up, but pretends to be asleep.

Shirley: Danny, talk to me.

Danny: I can't get the images out of my head. The blood. Lots and lots of blood. (Crying)

Shirley: (Embraces her child) I wish I could take this away from you. I can't imagine.

Danny: Please, mom. I just wanna be alone.

Shirley: You sure?

Danny: Yeah.

Shirley: (Kisses him, then rises) I'm here if you need me.

Danny: 'Kay.

Shirley: I love you.

Danny: I love you, too.

At the arraignment:

Shirley and the kids arrive at the courthouse and take their seats in the front row just behind the defendant's table. Laurie strokes her abdomen.

Shirley: (Concerned) Laurie, you okay?

Laurie: I'm fine. Baby's just kicking me in the ribs.

Tracy: (Leans over and whispers to her mother) When will Keith get here?

Shirley: Probably right before everything starts.

Tracy: Will we get to talk to him?

Shirley: I don't think so.

Chris: Why not?

Shirley: There probably won't be much time other than a quick hello.

Reuben: (Entering the courtroom and sits by Shirley) Sorry I'm late.

Shirley: Glad you could make it.

Reuben: I was fending off the press. It's packed out there.

Shirley: (Sighs) I was hoping they wouldn't be here.

Reuben: I know, but this is a high profile case.

Chris: (Turns around) Hey, there's Keith!

The family turns around and sees Keith, in handcuffs, being led into the courtroom. His lawyer is walking beside him. Shirley gasps. Reuben places a comforting hand on her shoulder. Laurie, sorrowful, looks down at her abdomen.

Danny: (Mouths to Keith) I'm...

Keith subtly shakes his head, eyeing his brother.

Tracy: Hi, Keith.

Keith,his lawyer, and the prosecution take their seats at their respective tables. Lester's family sits behind the prosecution. The bailiff walks in.

Bailiff: All rise! (The audience stands) This is the arraignment for Keith Partridge in the case of the People vs Keith Partridge. Judge Booker presiding.

Judge: (Takes her seat) You may be seated. (The audience sits; she looks at her papers) This is an arraignment hearing for Keith Partridge on the charges of First Degree Murder. How does the defendant plead?

Bruce: Not guilty, Your Honour.

Keith: Guilty.

Bruce: Not guilty. (Looks at his client) We plead Not guilty.

Keith: (Whispers in Bruce's ear) I can't do it. I can't put my family through a trial. I wanna plead guilty.

Bruce: (Whispers back) You sure?

Judge: How do you plead?

Bruce: We plead guilty. (Sighs) We waive the right to a trial.

Judge: (Bangs her gavel) All right. So noted. Defendant is remanded until sentencing. This concludes...

Danny: (Stands up) NO! HE DIDN'T DO IT! I DID!

There's a murmur in the courtroom. Shirley looks at her middle son, hurt.

Judge: (Bangs her gavel) I will have order in the court.

Keith: (Looks at his brother and angrily whispers) What are you doing?

Danny: (In tears) Please, judge... umm, Your Honour. He didn't do it.

Prosecution: (Annoyed) This is just a distraction tactic to raise doubt.

Judge: In my chamber!

Bailiff: All rise!

The audience stands as the judge and two attorneys retreat into the judge's chambers.


In the chambers:

The judge sits at her desk and motions for the attorneys to sit.

Judge: Okay, what's the meaning of this?

Prosecution: It's merely a distraction technique to cast reasonable doubt.

Bruce: I knew nothing of this.

Prosecution: (Scoffs) I don't believe that. This reeks of a diversion tactic. You want to get your client off and you'll do everything in your power to do that.

Bruce: Honestly, I had no clue.

Judge: (Mulls things over) I want to hear more from this boy. (Summons the bailiff) Bring the boy and his mother in here.

The bailiff summons Shirley and Danny to accompany him to the judge's chambers. The judge offers them a seat.

Judge: (To Danny) I want to know why you thought you could disrupt my courtroom.

Danny: (Nervous) I'm... I'm... s... sorry. Am I in trouble?

Judge: How old are you?

Danny: Thir... thirt... thirteen, Y... Your Honour.

Judge: Now, why did you disrupt my courtroom?

Danny: (Contrite) Be... because I need to tell the truth.

Shirley: (Hurt) Danny?

Danny: (Crying) I can't let Keith go to jail...

Prosecution: (Interrupting) See? I told you it was a ruse!

Judge: (Annoyed) Quiet. One more outburst from you and I'll hold you in contempt. (To Danny) Go on.

Danny: I killed Lester Braddock. (Sighs) I'm sorry, mom. Goose gave me a gun. I... I followed Keith to Lester's house. Ke... Keith pointed a gun at him, but I shot him. Keith made me leave before the cops got there. I hid in the bushes and saw them arrest Keith. He was holding my gun. Keith told me not to tell, but... but I have to. Arrest me, but let Keith go.

Judge: Bring the defendant in here.

The bailiff brings Keith in, still handcuffed, and sits him in a chair.

Keith: (Surprised) Danny?

Danny: I'm sorry. I had to tell the truth.

Judge: I want to hear your side of the story.

Keith: (Begins the story) ...yes, Danny was there, but I shot him.

Judge: (Studies the defendant) You're lying.

Keith: (Protests) I'm not...

Danny: (Interrupting) Keith, it's over. I confessed.

Shirley is crying.


Meanwhile, back in the courtroom:

The audience becomes restless and murmurs among themselves.

Chris: (To Reuben) What's taking mom and Danny so long, and why did they take Keith?

Reuben: I don't know, son.

Laurie stands up, hands on her abdomen.

Tracy: (Concerned) Laurie?

Laurie: (Groans) My back hurts. I just gotta stand up.

Tracy: Is it the baby?

Laurie: I don't know. I don't think so.

Reuben: (Notices) Laurie? You okay?

Laurie: (Doubles over) Not now.

Reuben: I need a medic over here.

Laurie: (Shocked) Oh no!

The medics assess Laurie, place her on a stretcher and wheel her out of the courtroom.

Mrs. Braddock: Take good care of my grandchild until we get custody!

Chris: (Yells) Over my dead body!

Reuben: (Scolds) Chris! Cool it! You're not helping.

Chris: Sorry.

Tracy: (Panics) They can't take Laurie's baby away! Can they?

Reuben: I don't know.


In the judge's chambers:

Keith has told his side of the story, which corroborates Danny's story.

Bruce: In light of the new evidence presented here, I move that the charges be dropped against my client.

Prosecution: Done. I move that that the charge of First Degree Murder be brought on Danny Partridge, and Obstruction of Justice on Keith Partridge.

Bruce: Danny's only fourteen.

Prosecution: He can still be tried as an adult. I request remand without bail.

Judge: So ordered. Danny Partridge, please rise.

Danny: (Rises) Yes, ma'am.

Judge: You will be remanded to San Pueblo Juvenile Detention Facility until arraignment. (She summons the bailiff)

Bailiff: (Handcuffs Danny) Danny Partridge, You have the right to remain silent Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as I explained them to you?

Danny: Yes, sir.

Bruce: Defendant Keith Partridge requests release on his own recognizance.

Prosecution: Prosecution agrees.

Judge: So noted. Keith, you're released on your on recognizance, pending trial.

A medic enters the judge's chambers.

Judge: (Annoyed) What's the meaning of this?

Medic: I need Shirley Partridge.

Shirley: (Panics) I'm Shirley.

Medic: You have a daughter named Laurie?

Shirley: I do. Laurie. She's my daughter.

Medic: We're taking her to the hospital. She's in labour.

Shirley: Oh!

Bruce: I'll stay with Danny, and pick up Keith after his release.

Shirley: Thanks. (She hugs Keith and kisses Danny, still standing with the bailiff) I love you.

Danny: (Crying) Love you too, mom!

Keith: Love you, mom!

Shirley exits the chambers and sees Reuben with Chris and Tracy.

Chris: Where's Danny?

Shirley: (Sighs) Reuben, can you take Chris and Tracy home? Danny's been arrested and Keith's going to be released.

Traci: (Screams and cries) What?

Shirley: (Summarizes what happened in the chambers) I've gotta go! I'll call you when I know more about Laurie. (Kisses Chris, Tracy, and Reuben on the cheek)

Reuben: (Stunned) See you later.

Shirley follows the medic to the ambulance. Reuben takes the kids home. The bailiff turns a crying Danny over to the police for transfer to the juvenile detention center, then accompanies Bruce and Keith back to the jail in preparation for his release.


-End of Chapter 9-