Chapter 25
It was the last day of the trial, the last witness had been heard and everyone sat quietly as the Jury whispered to each other checking whether they wanted any other information or points clarified. They were all at ease with the system no longer afraid to ask among themselves and then the Judge if necessary.
The Judge took the opportunity in looking round the packed court of familiar faces. The tension was different from the first day when everyone was nervous wondering what was going to happen now everyone knew what had happened, the depth of lies and pain that had taken place against another person and how he had survived.
His mind wandered back to the reaction to the tapes, how the tension had risen in Courtroom as if they were all there in the other Court on that Christmas morning. It happened again when the tapes of the twins in the cells were shown only this time every one held their breaths' wondering if Ben would survive. In spite of the fact he obviously had as he was there to give evidence. Then there had been tears from some of the Jury and others as they heard the tapes from the session on the beach and with Dr Robinson and Ricardo about his time in the basement. He had watched the accused stay still and quiet through out, although he'd caught a glimmer of a smile on Derek's face, which was quickly wiped off as soon as he realized he was being watched.
He spotted the two judges were back in same seats and wondered if they had booked them in some way with a keep off sign. He had found it interesting the way they'd reacted in the witness box although neither pulled rank the lawyers seemed to give them extra respect but they both gave way if he challenged anything or wanted something explained. He was looking forward to their get together when the case was over.
He carried glancing round the rest of the room and was pleased the Jury had respected the rule for questions none of them had been frivolous or too many. He knew it had been invaluable to have the mock up of the basement and everyone had gone in as he had with no warning. No chance for a quick bite of food or bathroom stop and their watches gone had lost track of time. They all knew there was a panic button if needed none had used it and the others had allowed the food to be taken when needed.
His hour seemed to last forever; once the frustration had gone about what he was going to miss he managed to settle a lot in his mind. Things seemed to come to clearer and in a very small way he knew the deep love and trust that pulled Ben through. He knew that others had felt the power over each other as well as the loss of it when it was their turn. He already knew the first and felt the later. The thing that caught him was the feeling he was left with as he went back to his family and he could not quiet put his finger on. It was a bit like coming back from holiday and finding something different but not really knowing what it was. Perhaps he would understand it once the case was over and the dust had settled.
As his gaze came back to the jury he wondered if it had all gone too smoothly, would this be the time for fireworks from the accused or was it just the timing Derek was after. He knew he had lost the war with his brother but he could still hurt by timely reminders which would carry on over the years. He looked at the Spokesperson who nodded to say they had finished and needed no further questions.
He checked round the Courtroom out of habit and caught the eyes of the judges again both giving him a knowing look. He knew in some respects it was a bad thing to have someone in front of you who knew what you might be thinking and could convey it as those two had with just a slight nod, a knowing look, even once in a while a smile which nearly caught him out. You can't have a giggling Judge and stopped the smile that came with the thought.
He checked on the monitor and received a nod from Ben; usually the witnesses were in and out of the video room too scared to stay. With this witness/accused it was different and some of the comments, which flashed across the screen, had halted him in his tracks making him think again or try and stop a smile as their thoughts had been the same. He knew he would have to watch how he read the comments now, and keep his emotions covered so the Jury could decide the best action in what had seemed a black and white case. But now with the experts help it had become a grey case and he could see how outside influences could sway the Jury's sympathies to the way of the accused.
He looked at the accused they all looked back him without anxiety, which worried him. They had kept their collective air of calm throughout the proceedings, which had surprised him. He had expected at least one outburst when they were asked to confirm Ben's version of events but there had been just nods of acceptance even from Derek. In a strange way it was their silence that managed to raise the tension and sympathy on occasions.
The Judge looked across to the Jury and addressed them.
"Members of the Jury we have come to the pleas from the accused. I wish you to remember but put aside the evidence concerning Maria Evans and Benjy Evans, and the accident; remember the history of this case as you hear the accused pleas. There will be no summing up of the case by both lawyers and no questions from you. I will comment at the end of each or all as I see fit. You will then retire to the Jury room and any questions will be brought back to me by the security guard, when you have decided you will then return here with your verdicts."
He looked over to the accused and addressed them. "Remember you have agreed your previous statements as the facts they cannot be changed. This is your chance to put forward the reasons the sentence should be changed. You are under oath Dr Petersfield please come to the witness box."
Dr Petersfield nodded and got up slowly walked round the desk to the witness box; instead of making his plea to the Jury he addressed the Judge. His voice was clear and calm, he was in his late 50's well built, dark brown hair slightly touched with grey and plain to look at yet had an air of sympathy, which usually put his patients at their ease and had the same affect on the listeners as he pleaded his case.
"Sir my Practice although has a wide spectrum of patients is manly among the poor and vulnerable members of the public and that is how I was drawn into the case. I have never broken the law although for the safety of my patients I might have bent it occasionally. You and the Jury have seen and heard what Derek Evans and Jake Kincaid are capable of. I knew Jake Kincaid's reputation, and have treated him for knife wounds etc, he has lived in the area most of his life, the mere fact Derek was connected to him meant the threats issued would be carried out; they were made verbally with no witnesses.
I supplied Jake and Derek with information about drugs before the kidnappings I did not know what was going to happen. I did not knowingly supply the drugs, prescription pads had disappeared from the practice, and the police had been informed. Jake called me to save Ben Evans' life which I did. Once I realized what they were planning I pleaded with them to stop I offered to take Ben to a place where I could say I found him and they could walk away. My pleas were met by a minor beating and threats to my family and patients. I was trapped I had to do what they told me. I made sure they gave Ben the right drugs the wrong ones would have caused him more pain it was my only way of helping him with out causing more loss of life to either my family or my patients. Jake knew where my daughter's son … …"
When Dr Petersfield finished Tess took the stand she addressed her statement to the Judge her voice was calm throughout but she managed to make herself look and sound vulnerable, not the capable nanny with china doll looks those in Sunset Beach were familiar with.
"From the tapes and as Dr Petersfield said Jake and Derek's reputations were not to be ignored but they also had a charming side especially Derek. I freely admit I love Derek above all else. My love for Derek was an obsession love and he played on that, I thought his mind games were a sign of his love. I would help him to keep his love and when Benjy was born he became part of Derek's mind games an extra way of keeping me in line. For me Benjy was the most precious gift I had ever been given I think part of me hoped Derek would stop his games and love Benjy and we would become an ordinary family. I would do anything to keep Benjy and Derek knew this and threatened to take him away from me if I did not do as he asked.
Sir you've heard how he hunted his brother down. I knew he would hunt me down if I took Benjy and ran. Derek hit me very occasionally never too hard it was the mental abuse I suffered and could not get away from.
I had no idea what he planned to do in advance otherwise I would have got help both for Maria and Ben; he would not trust me with that information. He needed me on a leash that is why he kept the bracelet as evidence against me. The only way I could help Maria was to protect her from Derek when he was around as I said he could be very charming when he wanted to be and he won her round to loving him but not to betraying Ben. The three of us on the run would have been too difficult to hide and I truly believed we were being watched.
When Derek came to Sunset Beach in September as Ben he only showed himself to me once he knew I would not try and get help. I was in too deep and knew Benjy was again his pawn and given the right condition so were Maria and Meg. I could not warn anyone about the change or Meg that her fears were right. Derek only told me that Ben was on ice so as to speak not where he was. I suspected that Jake could have joined up with Derek they were pally enough and Jake would willingly do Derek's bidding I also knew if I tried to contact Jake he would kill or harm Ben if … … "
Jake Kincaid swore in his mind as he listened to Tess. 'He was being set up and that bitch was not going to lay it all at his door, well if she could turn so could he and bung it all on Derek.' He got up slowly and tried to gauge what Derek was thinking as he passed him and as he settled into the witness box. 'Damn statue gave nothing a way; he promised they would be free. It would be easy…' He shut down those thoughts and decided to talk to the Judge rather than all those eyes of the Jury, they had already condemned him, and why not he had been caught red handed.'
He cleared his throat and started. "Sir. All my life I have had to take orders from people who bent and broke the law, it ran in the family I had to do my fathers bidding. Derek and Tess came into my life when I was at rock bottom. No money and nowhere to live or so-called friends they offered me friendship and a roof over my head. Tess in every day clothes is a beautiful woman, and when she talks to you, you believe every word she says, as for Derek you see he can put the charm on, did for four months and that temper when comes can send everything flying including people. I've been on the receiving end of a few backhanders from both of them so I knew when they said jump I jumped. Yes Tess can give as good as any man when she's in a temper but she can also love like an angel.
I was under Tess's spell; I would and did anything for her. I asked Benjy to come with me he did so … on his own free will and played with the toys I gave him. She promised me money and attention also it would all go smoothly; it would have had if Ben had not turned the tables on me. She blamed me for her mistakes and cut me off. All my life I've tried to help the people I love but they always seem to turn on me. And of course Derek was not too chuffed about his son being in danger … rather than take it out on Tess he took it out on me, so I took it out on Ben.
Sir she did show signs of affection towards me and I thought by doing her deeds she would come away with me and leave Derek, she said she was fed up with his mind games. She played good ones herself. I see now I was a fool to think she would leave him but Derek also played on my feelings as well as the hold he had over me.
I was trapped between the pair of them I knew without a doubt when he said he would have me watched he would do so also he would find me and hurt me. He was the one who told me not to give Ben an inch and to show him who was boss via the lock down as for the beating at the beginning if I had not done it I would have been on the receiving end of his. I did it I had no choice in the matter.
Perhaps I should have taken up Ben's offer but I knew what his brother was like and they were identical twins so how was I to know this one would be different from the other. I was sure Ben would have given me up to the police as soon as he was free or even killed me his brother had murdered his last helper. I suppose it was the devil I knew and I knew this one very well… …"
oxoxo
Derek sat perfectly still giving nothing away as they gave their pleas and his character was portrayed as evil. He wondered if anyone could see his horns or his tail come to that, he was not worried the last pieces of the puzzle would soon be in place. He resisted the temptation to pick at the plaster on his arm just above his wrist and the smile which threatened to give away the fact he was not fully listening to what was being said. He knew they would keep to the plan they had to it was their freedom too and he needed them all together so he could finally tie up the lose ends.
He gave an undetectable sigh as he went back to the beginning of this stage in the game. His plan C the one they had laughed at when he explained it to them at the beginning before she had left for Sunset Beach with his son. It had been so easy the transition from evil twin in the eyes of the Officers and Doctors to that of victim of the past, then the reformed person slowly coming to terms with it all. Like a caterpillar turning into a butterfly, which would soon fly, the smile nearly caught him out, as the words crossed his mind.
He enjoyed the cat and mouse games with Dr Estrada including a near month of silence as he pretend to grieve for his parents and then the very slow coming to terms with the things he had done, letting her think she was the one who eased him through it. Of course he had carefully thrown in the odd Derek tantrums, tears and shorter silences to prove to everyone he was not faking his realization of who he was and the new whole person he was and now had become. But nothing had got rid of that deeper feeling - it had just gone quiet and was biding it's time.
True he was more at peace with himself, the nightmares, which had plagued him over the years, were gone and she had shown him other things, which would prove valuable soon. He knew the nine months had not been needed but any earlier would not have rubbed salt into his brother's wounds. The memories Ben had successfully put down would now be up and running like a little itch in the back of his mind or in his dreams, 'this time last year I was…' as well as in the minds of all his friends and especially his wife. The beautiful Meg the only one who had turned him down once she knew the truth but would have given him her heart if he was Ben. Oh yes she would be remembering all the things she had been thinking, now knowing she had been right – that there had been something different about 'Ben' and that would niggle her, which would worry his brother and add another twist of the knife.
His mind wandered to the one person he really missed, his son, he had played it so Dr Estrada got him all the information he needed. But there was that distance and the need to see him again. He knew he had made the right choice of 'mother' for him; Maria was the gentler loving mother rather than Tess who could play mind games. He knew his brother would never really desert Benjy in that way they were identical so Benjy would be safe till he came and took him back along with Maria as he had always planned.
Soon Tess would pay for her final game, which was a shame she was good and exciting to have around. Even on their visit while waiting for this trial she was the loving wife and when they kissed it brought a frill to him. Of course it was made even better by her need for his reassurance that he really understood and forgave why she had drugged Maria. He for his part played the reassuring husband telling her quietly that he had, and had another plan for Maria's end that she, Tess, was the only one for him and their son. After all hadn't he carefully given her what she thought was the last piece in the puzzle to show that he still trusted and loved her? …
He realized Jake had finished and watched the Judge closely waiting for him to give him the lead he needed to play the victim once again.
oxoxo
The Judge watched Jake walk back to his seat and caught the expressions of the two Judges and the discreet nods. He also glanced down at the small screen on his desk, the others were blank and had to smother the smile, which threatened, it was as if Ben could read his thoughts.
The words on the screen were short and to the point. "Crocodile tears. Shoot them down. Unfortunately Derek has the opening he wants. You have no choice but to give it to him."
He gave a slight nod and keyed in the words "Thank you" knowing Ben would understand and let the silence carry on for a moment while he put his glasses on and checked his notes. He knew the three accused had made their points very well and the Jury would be influenced by them and would need to be reminded that these people were connected in the deed by choice and not the total victims of the 'all seeing monster'. But in doing so would allow Derek to pretend he was a victim of them all including his brother. He put the papers down and turned slightly to face the Jury he had their attention straight away and started.
"Members of the Jury I have a statement to make regarding the statements you have just heard. But first I want to address the three accused who have just spoken."
He turned back to the accused who looked at him expectantly, he looked back at them, his glasses which he used for reading had slipped slightly so he looked over them giving him an appearance of a stern teacher getting ready to address the class.
"The three of you state in your appeals that you feared for your lives and in one case a life of a child and yet you sit next to the very man you fear. Not one of you has shown any fear of him throughout this trial or on the journey to or from the Jail. You all know we can take extra precautions in such cases but no requests have been made, not even a simple request for handcuffs on him."
He paused slightly to take his glasses off and put them on the table, everyone in the Court was listening attentively waiting for the next knock down, he carried on.
"You all state Derek had people watching every move you made so you could not raise the alarm and save Ben Evans from months of being shut up in a basement waiting for the next meal, beating or death, or the lies that were told in the months before his kidnapping. Yet the Police and the FBI have found no evidence of such a band of people, no money trail to bribe them into action and no missing millions to pay them. He is only one human being and just like everyone else cannot be in more than one place at anyone time. In fact you were never watched and you knew it.
He looked at the three accused in turn without a word, none of them looked away from him nor did they look embarrassed by his words, he carried on.
"I hesitated to use the word intelligent but all three of you are in the fact that, you can all read, write, speak, and know how to use the phone and understand the difference between right and wrong. You all know a message to the emergency services need not have been signed or if spoken speaker identified … just 911 and the words man kidnapped or possible kidnapping and an address would have done the trick, moved the police in quickly and quietly. All of you did nothing!"
He turned his attention to each of the accused in turn. Keeping emotion out of his voice he was there just to state the facts as he saw them.
"You're a Doctor and a good one, definitely saved Ben's life for which he is grateful but you are responsible for giving them the others drugs which harmed him, made him their prisoner, and all the time you treated your own patients. Looking back at the notes as you say your practice deals with a wide range of people, you had a police officer in surgery several times, one was on the day after you treated Ben, just a couple of words on a piece of paper or a word in his ear and you would have made a difference, protected your patients and your patient because that is what Ben was.
In fact the Officer said you were relaxed and chatty not the fear ridden Doctor you state, we also heard from your wife and your brother they sensed nothing was wrong in fact just the opposite, if I remember rightly your wife said you were more relaxed and loving.
You were receiving money for helping them restrain and torture Ben. I do not use that word torture lightly that is what we call being restrained against ones will in such away the person cannot do the basic things in life."
The Judge then moved on emphasizing the first word.
"Tess, perhaps you had a good opportunity to stop this when you first knew Derek but you had the biggest opportunity when you first met Ben, to protect the child you say you love above all else yet you did not use it. … In fact you used the child against them all, Benjy looked up to you for protection and love that a Mother gives their child and you failed him. You did more than fail him you showed him how to lie and cheat and twist love as well as rejecting an offer of love which was given to him. You say you were obsessed with Derek's love yet you stood by and let him love another. Again you could have stopped this when Derek was in Sunset Beach the first time, we know Jake was else where and could not have reported anything back to Derek as you claim. You were free to make a choice and you made it – to keep silent and to help Derek when he returned to Seattle."
Tess looked down for a moment when the Judge finished but looked back up as he carried on to the next accused. Again he emphasized the first word.
"Jake, you had an opportunity of blowing this affair wide open when you were asked to look after Benjy for Tess you choose not to do so and added child kidnapping to your crimes this I agree added a threat from Derek but you had your opportunity to release Ben as soon as Derek was back in Sunset Beach. You knew Derek relied on phone calls to get information they were not made everyday. You had added incentive when Ben offered you extra money and a chance to walk away undetected but you did not take it you choose instead to prove the power you had over him by closing him down in a way that you knew would cause physical and mental pain and by luck it did not kill him. You tortured him not looked after him as you claimed it was your greed that made you do this not fear of Derek because you were hoping for more money."
He turned back to the Jury while speaking. "You the jury must take all of this information into consideration to decide whether the pleas regarding Derek and Jake's threats are genuine we know in abuse cases threats can appear to the victim larger than they really are. Usually the abuser is with the person most or all the of the time, therefore you must decide whether the length of time Tess and Jake were with Derek was long enough for this to happen.
Regarding Tess and Jake you have to decide whether their working relationship did proved a threat to each other and the same with the Doctor. Or they are all using everything they have told us as a cover for their greed for money and power over an individual who had no reason to harm them in any way. In fact in the love of a child he shows he would have embraced the knowledge and helped in any way he could."
The Judge paused and then turned to face the last accused, who had listened to the statements without emotion in fact looked like an angel although the words painted him to be the devil. The silence of the pause in the court shattered into small pieces as the Judge spoke making some people shiver with anticipation and tension rise just a little.
"Derek Evans would you take the stand to submit your plea for mitigating circumstances, I would remind you we have heard about your past and from Dr Estrada so please make it straight forward."
The Judge knew now how the others felt when Derek had managed to get them to twist things the way he wanted them. He had just smashed the idea that Derek was all hearing and seeing monster and left it open for him to claim he was a victim of the others greed and circumstances.
He felt the whole atmosphere of the court change as Derek got up from his seat; Derek's quietness throughout the case was another reason for the tension rising in the courtroom. Everyone knew he had a violent streak and who it was aimed at now this was his last chance to do what the Judge wondered. He looked at the small tv screen saw that Ben was all right and looked over to the Doctor who had got up to follow Derek to the witness box and nodded.