Chapter 37

Final Statements

"You keep saying that Ben Dawson was this criminal mastermind that orchestrated and manipulated Mr. Borden into weeks of loyal servitude. But all I seem to see the evidence is that you where the one who kept Mr. Borden sedated and pliable. You were the one who injected him with illegally gotten narcotics that not only were seriously impeding his medical condition but also causing him to lose his faculties. "The defense lawyer turned to the jury, his eyes gleaming as he watched Kallie squirm on the stand.

"why didn't you tell Ty who he really was, you had ample opportunity, you said yourself that you had alone time with him when you checked on his medical issues, "

"I didn't dare tell him, If I had he wouldn't have believed me, he thought he was my brother and he respected Ben, Id have to have proof and that would have taken time, time I didn't have," she said "As soon as I saw an opening I took it, and I knew that if I could get him to go the race meet in Okatoks then I could make sure Amy was there. I know I should have spoken up earlier, but I didn't want to put Ty in any more danger than he already was. "

"So Ty respected Ben? Maybe you felt threatened by that, maybe you decided that Ty needed to go. Maybe this was all planned by you. "

"No !, that's not true, Ben is the one who was in charge, he has always been the man at the top,"

"I think that you and Ivanna, his sister, planned this as a way to take over the Dawson Empire, If Ben was implicated in something illegal, he would not be able to hold the shares to I&D Holdings as per the conditions of Benjamin Seniors Will, " The defense stalked back to the bench, his intention to cast doubt over Kallie testimony seemed to be working as several of the jury where now looking a little perplexed,

"no, I only Met Ivanna when Ben told me to leave town or my father would not survive lockup. I ran, ok, I'm not proud of it, but I was scared for myself and for my father. "Kallies' voice was shaking, the pressure being applied to her was making her lose control, "Ivanna convinced me to come back and tell the truth, and that is exactly what I'm going to do "

"Thank you Kallie, No more questions from the defence at this time"

"can we have two coffees please, and maybe 2 of those muffins there,"Jack said at the counter fo the coffee shop, he looked over to Ty who had taken a seat in the garden terrace that ran adjacent to the quaint little dining spot.

Jack walked out to the table and sat down, the waitress following shortly after with two coffees and muffins.

"thank you "Jack smiled as she winked at him and walked away.

"so, hows it really going?" Jack asked, pushing a muffin towards Ty and taking a sip of his coffee.

"I'm fine Jack,"Ty smiled, "It's just been a long day and I had to get out of there for a while"

"I can understand that it must have been hard to hear all that in there today," Jack replied, coaxing him into talking. Ty sighed, Jack had this innate ability to make Ty spill his guts even when he didn't want to. He didn't know how he did it, but Ty always found himself pouring his heart out to the older cowboy even when he vowed to keep his thoughts to himself.

"It was hard, I'm not going to lie, "he said softly,

"That Kallie girl is a brave one, "Jack pushed, seeing Ty roll his lip slightly at the mention of her name.

"I know what you're trying to do Jack, and it's not necessary, ok, I said I'm fine" Ty warned, appreciating the concern but not wanting to discuss it any further.

"ok, ok I know your ok, I know your handling it, "Jack rebutted, "But I also know how much this has affected both you and Amy and your kidding youself if you think its just going to go away once this trial is over,"

"I know Jack, I deal with it every day, "Ty said, "I am reminded of it every time my hands shake."

"you still getting the tremors then?" Jack said softly, taking a bite of his muffin.

"Sometimes, when I get upset or too stressed, "Ty replied, trying to avoid Jacks gaze," they're not as bad as they used to be though"

"well, that's good to hear then" Jack smiled, "it all takes time I suppose,"

There was a short silence between them as they drank their coffees and ate their muffins, Ty knew Jack was just trying to help, but he was talked out and really wished the day would end.

He suddenly became aware of two older ladies at an adjacent table looking at him and whispering behind their menus, they darted their eyes back and forth and exchanged curious glances as Ty quickly looked away.

"you ok?" Jack asked, seeing his slight change in demeanor,

"Yeah, just hate being the sideshow attraction that's all," Ty said coldly "I just wish people would stop judging me, especially when they don't even know me!"

Jack turned in the direction of the interlopers and smiled at them awkwardly,

"ladies, "he said, tipping his hat in a friendly gesture, "lovely weather today "

Ty shook his head in dismay, as the two ladies smiled at Jack and nodded, His attention stopping their gossip session and making them aware that they had been noticed,

"excuse me, your friend, he is the young man in the papers right, the one who was abducted, ?" one asked, her eyes now back on Ty making him look away yet again.

Jack nodded softly, exposing the conversation rather than trying to hide from it,

The ladies stood up and came over to the table, causing Ty to instantly raise his defenses, this was not what he wanted, he didn't want to have to defend himself in public as well.

"may I just say that you are a very brave young man, and I can't imagine what you have been through. "the lady said taking Ty's hand and squeezing it softly. "I have a grandson around your age, and it breaks my heart to hear what you had to endure at that mans hands, "

Tys face softened, a small smile of appreciation shining in the corners of his mouth, "thank you" he said faintly as she shook his hand.

"stay strong ok, and I hope that awful man gets the punishment he deserves."

Ty nodded as they walked away to pay for their bill, his gaze falling onto a smiling Jack.

"see, the world isn't completely out to get you, "Jack said, "you seem to have some people in your corner,"

Ty smiled a half smile and took a bite out of his muffin, conceding that maybe Jack was right.

"ok, ok, I get your point, "Ty grinned,

"so, you think they are going to let you come home tonight or do I see another night with my granddaughter on the cards?" Jack asked, raising his eyebrow suspiciously.

"Um, they haven't told me yet Jack, "Ty stammered, "maybe once Kallie had done testifying they will let us go."

"Maybe, "Jack mused, "this hotel, comfortable? Nice room ?"

Ty's lip curled into a slight grin, he knew that tone and that inquisitive look. Jack was fishing, and Ty knew he always caught the big one.

"Yeah, its ok, nothing flash, " Ty replied

"well that's one good thing then, safe environment, for the two of you" Jack pushed,

"its ok Jack, You know Amy is safe with me, "Ty rebutted, his smile shining through.

"ok, ok, We are just worried about you too that's all, "Jack explained, "I cant be easy being cooped up like caged rats, especially overnight, in a hotel room" He raised an eyebrow slightly and twitched his mustache.

Ty couldn't help but smile, he shook his head slightly and took another sip of his coffee, "we get by, "

"not a lot to do though I bet, "

"Jack, "Ty replied, replacing his coffee cup, his smile now curling his lip, "if you want to ask me something, just say it ok?"

Tys stomach churned slightly, he was playing a dangerous game, he respected Jack above all the people he had in his life and knew that if Jack did pose the question that he was hedging around, he was going to have to make the choice to either lie to him about Amy and his private life, which he really didn't want to do, as he had promised Jack years ago he would never lie to him, or tell him the truth, that he an Amy where a fully functioning adult couple and that yes they had crossed that intimacy threshold.

He watched Jack muse over his coffee a little longer, his mustache sweeping across the coffee cup brim. "No No, I Just know that in stressful situations sometimes, things can be decided and acted on that normally would have needed a cooler head " He looked directly into Tys green eyes and calmed his voice" You and Amy have your whole lives to sort this stuff out, I know how much she loves you, anyone can see it, "

"I love her too Jack, "Ty said calmly, holding the connection, "she is the one thing in my life that I know is real"

"I know you do, I've seen that love grow over the years, it's a rare thing you know, not many of us find that kind of connection"

"I think you and Lindy had it, "Ty said, "and Lisa, "

Jack smiled a reminiscing smile as he thought of his wife long passed, "yes, I believe we did, and we do"

"I want you to know Jack, that I will always be there for Amy, thorough out all this, the memory loss, the illness, the court case, she has been my stable ground, the one thing I could hold onto, When you two came to the race meet that day and she confronted me in the stable, I didn't know who she was, All I knew was that I had to go with her, I had to listen and do what she asked. " Ty ran his hand across his chin, thinking back to the day he spoke of, "when she kissed me, I don't know how to explain it, But it felt like ….. Like home. I was safe. I had no clue who she was or where she came from, but something just felt right."

Jack smiled at the younger man who sat across from him, he could see the love he had for his granddaughter shining through his words.

"I suppose all I'm saying Ty is to take your time, and build this love that you two share together,: Jack drained his cup and chuffed slightly, "I know you two are adults now, and I'm not so foolish to think that the two of you aren't … enjoying that, I'm just saying that life rolls on by quickly anyways, and before you know it, your hairs turning grey, your needing a leg up to mount your horse and those cold nights, well, everything starts to ache "

Ty chuckled, "you, not that old Jack, you can still give most of us a run for our money"

"you better believe it, "Jack grinned,

"don't worry Jack, I hear what your saying ok, Amy and I are in a good place right now, and yes, I promise, we will take it slow"

Jack smiled under his mustache and sucked in the last of his muffin. "we better get back I suppose, before they send out a posse for you"

"Yeah," Ty laughed, standing up and offering his hand to the man who he considered his father.

"thank you, Jack, you have always been there for me, "

The old cowboy took his hand and shook it warmly, "your family, its been like that from day one Ty,"

The two men walked slowly back towards the courthouse doors, they rode the elevator in silence, both lost in their own thoughts.

They returned to the courtroom hallway to find the court in recess, Jack found Lou and Tim and Ty quickly located Amy as she stood with Ivanna at the side door entrance.

"Hey, "Ty said, coming over to her and hugging her softly,

"there you are," Amy said, relief on her face, "I came out and you were gone,!"

"sorry, I just had to get out of there, Jack and I went for coffee, "Ty explained, "sorry, I should have told you but…"

"no, I was just worried"Amy smiled, squeezing his hand,

Ty's eyes drifted to Ivanna as she watched him from beside Amy.

"I'm sorry about before, in the room, "Ty said, "I reacted badly, and I shouldn't have spoken to you like that"

"no no, Ty, it's completely understandable, "the lady said, a relieved smile now on her made-up face. "it was a shock for you, and I wouldn't have expected you to just open your arms to me "

"Still, I apologize, "Ty said, and he turned as he felt Jacks hand on his shoulder, "oh Jack, this is Ivanna Duponte, she is …."

"than nutters sister!" Tim cut in sharply, as he came up beside Jack with Lou close behind.

"Tim " Jack warned, shaking Ivannas hand in acknowledgment.

"this is your family?" Ivanna asked, looking at Ty,

Ty smiled and moved his gaze to the 4 people who stood by his side, "yes, they are my family"

The group talked for a while, as the court remained in recess. Amys' arm stayed firmly wrapped around Ty's waist keeping him close. She also noticed that where ever Ty went there was a court guard not far behind, although this made her feel secure, the formal presence also made her aware of his vulnerability.

"can I have a word, Ty,"Ivanna asked quietly, touching his arm.

Ty nodded and turned to kiss Amy gently on the cheek, they walked slowly over to a less populated corner of the hallway. Still within view of Amy and the others but offering them some privacy.

"I am flying back out tonight, so this is probably the last time I will get a chance to talk to you, "she said, "I know how much you have been through, but I'm hoping I can convince you to talk to Kallie before she leaves for Toronto"

Ty twitched his lip, "I don't think that's a good idea, "

"Please, just consider it, she is a victim in this too, I know she made mistakes, but everyone deserves a second chance don't they" Her dark black eyes pleaded with Ty as her choice of words hit home.

"I've made mistakes in my life, big ones, and I've appreciated the second chances I've got, "Ty said softly, "I just don't know if I can see past what she did right now, maybe in time, but …"

"I understand, "Ivanna said, touching his arm. "just think about it hey, a kind word from you may be all the difference for her on her journey ahead, "

TY nodded and slowly walked back to Amy, looping his arm around her waist and pulling in close to her side.

"you ok?" she asked, seeing the look that was on his face,

"yeah, um…" he said, "will you come with me for a sec, I need to do something that I'm afraid I'll chicken out of if your not with me"

Amy nodded, curious as to what he was talking about, and they said their farewells to the group and walked back to the side entrance to the courtroom. Ty knocked on the door and the clerk opened it and after a brief discussion, he ushered them inside.

Ty walked slowly with Amy at his side down a small hallway to a set of offices at the end of the hall, The clerk knocked on the door and the DA came out of the room, smiling at Ty and Amy.

"Ty, "he said, a questioning look on his face, "we are about the reconvene in a few minutes, is there something you need?"

Ty swallowed hard and looked at Amy who was watching him carefully, unsure as to his motives as well

"um yeah, I was wondering if I could have a few minutes with Kallie,?" He said quickly, seeing Amy's expression as the words passed his lips.

"you sure?" she whispered.

Ty nodded and smiled weakly at her, "I have to put this right Amy, or I'm never going to get past this"

"yes, I suppose that would be ok, "The DA said, "shes in the holding room, I'll take you there now"

"thank you,"Ty smiled, and he squeezed Amy tightly as they followed him towards their destination.

The door was manned by a court guard to whom the DA spoke with, He subsequently unclocked the door and turned to Ty and Amy who stood behind him,"I can only give you until they call session, ok, that's the best I can do"

Ty nodded and looked at Amy "Um, I need to do this alone, ok, you understand ?" his eyes meeting hers, hoping she could see how important this was to him.

Amy smiled a soft and accepting smile, she reached up and kissed him on the lips, showing him she understood and that she needn't worry.

"I'll be right here waiting for you, "she said pointing to a bench not far from the door,

Ty smiled at her and took a deep breath and steeled his resolve, then entered the room.

Kallie looked up as the door opened and quickly got to her feet when she saw who it was,

"Ty," she said, her voice a little frail,

He could tell she had been crying, the stains still streaked her cheeks.

"are, you ok?" he asked, concern registering on his handsome face, he knew what she had put him through, but he had thought he was his sister for months and the feelings were hard to discard.

"Um yes, the defense just gave me a bit of a bashing that's all," she said shakily.

"I understand that feeling," he agreed, "I've been there,"

He walked into the room a little uneasy and rested against a small wooden side table.

"why are you here Ty,?" she asked,

"Um. I wanted to ….." he said, stumbling over his words, "I needed to see you one more time, "

"ok, "she said, standing up and looking at him,

"um.. "he chuckled, rubbing his forehead, "I just wanted to .."

"Look, Ty, "she cut in, "you don't need to say anything ok, I understand, I betrayed you, I should have told you the truth when you first woke up after the accident, I will never forgive myself for what I have put you through"

"no, "He said softly, "I mean, yes, you should have told me it was all a lie, but after hearing you in there today I can see how scared you were of him. How can I sit here and judge you when I don't know if I was in the same position if I wouldn't have done the same thing,"

"you wouldn't have, I can tell the type of man you are, "she said softly,

"I don't know Kallie, "He turned to look at her, "When Rusty threatened Amy I nearly ran myself, I was this close to packing up and just hitting the road, so I get it, when the people you love are threatened, you will do what you have to to protect them"

She looked down at her hands and let out a small sob, "still, it doesn't absolve me, Ty, "

"no, it doesn't, but ,,," he slowly came over to her and stood before her, his hands on her arms, "but what you did today, out there, telling the truth and not being afraid, that's the first step, Kallie, you can come back from this, we both can"

And with that Ty let the walls come down, he reached forward and pulled her in and hugged her as tightly as he could. Letting her feel his understanding and acceptance. Kallie wrapped her arms around him and buried her head into his shoulder, the tears running down her face yet again.

"I'm so sorry," she sobbed, "I hope one day you can forgive me"

Ty tilted her head up to him and smiled a soft smile, "I'm trying Kallie, but you need to forgive yourself, "

He hugged her again as he heard the court bell ring denoting that the session was about to start, the door opened and the DA came into the room and Ty squeezed Kallie hand in reassurance.

"good luck," he said,

"thank you" She replied, a soft smile of determination now on her lips.

With that, Ty walked past the DA and out into the corridor. He looked to see Amy sitting on the bench as she had promised and quickly walked over to her and wrapped his arms around her tightly.
"you ok?" she asked as she returned the gesture, Feeling his need for her to be close.

"Yeah, "he breathed, not wanting to explain,

"ok, well, we have to go, the court has been called," Amy said, letting it go, seeing that he wasn't up to discuss what had happened behind the closed doors.

He nodded and they walked back towards the gallery entrance. Ty feeling a little lighter for the conversation.

The courtroom was silent and they all took their respective seats as the judge once again took his position.

Ty and Amy sat towards the front and listened intently as the Defence gave its closing arguments. Their main push was to show that Ben was not the mastermind behind the entire River Glenn operation and that as the confessions stated Bill Simmons and his Daughter Kallie along with the help of Bens Sister Ivanna orchestrated the entire enterprise. In regards to Ty's abduction and subsequent mishandling they played it down, focusing their defense on Ty's sketchy recollections of certain key events and that he was under the influence of some pretty strong narcotics when these events took place.

Tys annoyance at this was evident in the way he held Amy's hand, his fingers flexing slightly with each accusation towards his credibility.

The injuries he suffered were also acknowledged but swayed towards Kallie, they pushed the blame in her direction, as she gave the injections herself and that no one could really say apart from Ty, who had been discredited in their eyes, that Ben knew about these events let alone controlled them.

Ty shook his head, biting his lip as the argument did come across as pausable. Even though he knew it to be untrue. They only had to create a suspicion of a doubt. And the jury would be forced to return a not guilty verdict.

The defense closed with the impact the trial and the media attention had had on Bens business and standing in the community. Making it sound like an innocent man had been wrongfully accused and crucified by the media.

The DA looked back at Ty and Amy and smiled a reassuring smile when it was his turn to speak, he walked calmly up to the jury box and looked at them all as they stared back at him.

"You've heard the defence tell a tale on unjustified accusations, Of how a well to do businessman who lived in the higher end society of Alberta, ran a reputable business and contributed to the economic growth and stability of this great Province was wrongly accused of illegal activities and ventures, how he didn't know of the illegal world that was running out of his establishment and that the subsequent media and legal attention had caused his life irrefutable harm. They want us to believe that this man, this strong influential businessman, had no idea that his business manager was running this illegal racehorse scam on his property and that he had also abducted a young man who had challenged this establishment in an attempt to recover his family's stolen property. They want us to believe that the whole time this young man was kept at the main property. This strong, influential pillar of society was not aware that he was actually not the business managers son but someone who was being held against his will.

Well, I'm here today to remind you of another story, I here to remind you of the story of a young man, who put his own safety in jeopardy to try and save a few racehorses from a life of abuse and neglect. This brave young man, who we have heard testimony in this court, was subsequently kidnapped, forcibly drugged against his will and then critically injured by this business man's staff when he tried to escape. He has told you of his pain and suffering, his memory loss that stole him from his family and loved ones and the anguish they went through trying to find him and return him safely home.

This story is not about greed and wealth and reputation. This story is about a well to do Albertian Businessman taking advantage of those around him and playing the system for his own gain.

The prosecution has shown, that there is no excuse for what Mr. Dawson had put this young man through. There is no excuse for the way he has pursued and tormented him since his escape and return to his family.

The truth is that this story is real, it happened, the evidence is there to support it, that no matter how the defense tries to sugar coat and soften up the reality, they cant deny what is right in front of them. The facts still remain.

Mr. Dawson knew of this illegal syndicate and profited from it, Mr. Dawson, knew of Mr. Bordens involvement and rescue attempt and subsequently set in motion the events that lead to the deception and control of this young man, resulting in his injuries. We have shown you that it was he who refused him medical treatment, even after being advised that it was paramount for his wellbeing. I have shown you he was willing to let this charade go on indefinitely. Keeping Mr. Borden hidden from his life, his family, and friends.

He is the story I have told you This is the story that is the truth, and as members of this community, you must return a guilty plea and end this tyrants reign once and for all."

The courtroom was awash of whispers as hushed comments as the DA paused. He turned to look at the gallery and continued on. Going into greater detail as he drove the arguments of the prosecution home.

Ty looked at Amy, a look of hope on his face as he listened, the way the DA described the ordeal he went through made Ty somehow feel justified and vindicated. Now the only hurdle was the jury and their ability to see the evil that was Ben Dawson.

The closing arguments concluded and the council retook their seats. Everyone stood as the jury was dismissed and left through a side door.

"that is the close of this session, "the judge said, "we will reconvene when the jury returns, thank you and court is dismissed'

Amy watched from Ty's side as the Judge left the chambers and then took a quick gulp of air, she hadn't realized but she had been holding her breath while the DA wrapped up his disposition.

"well, now we wait," Jack said, placing his hand on Tys shoulder and tapping him gently in reassurance,

"Yeah, now we wait" Ty mused, looking at Ben who had guards around him as they cuffed him and started to lead him away.

Ben turned as they passed the gallery, his eyes locked tightly on Ty as the guards ushered him along,

"enjoy this moment Boy !, remember my face, I'll be seeing you soon" he snarled, his black eyes sparkling.

Ty took an involuntary step backward, as he let out a shaky breath, the words catching him off guard. Amy glared at Ben, seeing the smile radiate across his face as Ty faltered.

"back off" Jack warned, coming to stand in front of Ty, shielding him from the encounter.

The guards wrestled against Ben as he stood his ground "hah ha, you won't have all this protection forever kid. And one day, I'll have my day"

Ty's temper flared as he saw Bens eyes flick towards Amy and he lunged forward, causing Jack to grab his shoulders and hold him back. The guards pulled Ben away roughly as the other people leaving the court suddenly became aware of the incident in the gallery.

"Ty, no, "Amy pleaded as he pushed forward again, his mouth a straight line his eyes a steely green,

"steady son"Jack warned, "not now, he'll get his"

He held Ty firmly in his grasp and waited for the anger to pass, Ty relaxed and stepped back, taking a breath, calming himself, he grimaced and placed his hand on his side,

"Let's get out of here "he breathed, looking at Jack who released his hands from his shoulders, he winced and turned to leave, Amy at his side.

"Mr. Borden" a voice called as he walked slowly towards the door,

Ty turned to see the DA and a court guard approaching him.

"I'm sorry Ty, but until the Jury returns, your still in protective custody, I cant allow you to leave,"

"Come on, "Ty pleaded, anger flicking across his face, "I just want to go home!"

Amy could see Ty was struggling now, the encounter with Ben had flipped his calm resolve and positive outlook. He was also cradling his side, the sudden movement when he charged at Ben aggravating his wound.

"I'm sorry, but after that obvious verbal threat that just occurred, I can't allow that, "The DA said, "the guard will escort you to your car and the RCMP will take you from there"

Amy heard Ty hiss under his breath, he had thought it was finally over. Ben was behind bars awaiting the juries decision. The court was done, All he wanted was to go home to Heartland and be with those he loved.

"Ty," Amy said softly into his ear, seeing his hands starting to tremble slightly," its ok, its only one more night, we can do this"

"Um this will be just Ty this time Amy, the doctors have cleared him to not require assistance, so, unfortunately, you will not be able to go with him,"The DA said calmly. "I am sorry, But …"

Ty turned and looked at Amy, As the guard came to his side.

"Grandpa!" Amy pleaded, looking at Jack for help.

"Look, "Jack said, placing his hand on Ty's shoulder, "he will be safe at home, he has the family. Me, Tim, we will keep watch, "

"Mr. Bartlett, I understand, But he needs to be in a safe location under guard, we can't risk …"The DA argued,

"well post a guard at the house, put a police car at the gate if you have too, "Jack rebutted,

"come on, give the kid a break hey," Tim cut in, "has been through the ringer, "

"please "Amy chimed in, she leaned closer to the DA so Ty couldn't hear her, "has been through enough, I don't think he can take much more"

The DA looked at the family as they rallied around their kin, Ty now looking overwhelmed by their support and conviction.

"ok, Ill get a guard on the house and he must not leave the property unless escorted by a court official "

"Thank you" Amy breathed and hugged the DA tightly, making him chuckle and smile at her.

"Ill have the RCMP drive him out in an hour or so, we will need to do some paperwork first, "He said, "you all go home and he will be there soon"

Ty looked at Amy and hugged her tightly, "go with Jack Amy, stay close to him" he said, fear in his eyes, Bens words still playing in his mind, "promise me you won't go anywhere alone,"

"I'll be fine, "she smiled not understanding his panic, she hadn't seen the look Ben threw at her.

Ty turned to Jack and grabbed his arm. "I mean it, Jack, she's not to go anywhere on her own ok"

"its ok, "Jack smiled, "settle son, Ill keep her right by my side until you get to the ranch ok, now you go and do your paperwork and stuff and we will see you soon"

Ty nodded, still looking a little apprehensive but accepting the arrangement. He hugged Amy again and kissed her. Not wanting to let her go.

"I'll see you soon ok" he smiled, "I love you"

"I love you too, "she replied as the guards escorted him away.

to be continued