At ten the bailiff walked to the front and called loudly, "All rise!" The courtroom stood and a man walked out in deep black robes. "The Honorable Judge Matthew Bestrada presiding."
"Be seated," the judge intoned. "I would ask at this time that all press please exit the court." There was a murmur and he looked up from his bench. "I'm not kidding. The press needs to leave. If I had had my way you wouldn't have been let in to begin with. Now git." The reporters grumbled but left the court and the people settled back down. "First case?" he asked his bailiff.
"Kirk versus Marcus, in re the minor child Marcus." The bailiff handed a sheet of paper to the judge. "Parties please step forward." Jim, David, and Spock stepped forward. From in back, Carol made her way forward.
Before they reached the front, the doors swung open and Sabrina scurried in. "I was almost late!" she hissed. "Stupid reporters."
Sabrina, Jim, Spock, and David stood to one side. Carol and her attorney stood on the other. Neither side looked at the other as everyone took their seats.
"Counsel for the plaintiff, your opening statement?"
Sabrina stood up and looked at the judge. "Your Honor, forget for a moment who my clients are. Imagine they're just ordinary citizens, for in the end that's all they are. They come before you today as a parenting team who seeks injunction against a party hurting their child. The cold, hard facts are this: the minor child is afraid of his mother, and has repeatedly asked to live with his father and stepfather. The adults are not seeking complete withdrawal, only primary custody. Both adults are established members of society and have local roots in their community. Both desire to raise the child together. There is no legal standing preventing them from taking primary custody. We ask for primary custody to be given to my clients immediately, to prevent further harm to the child." Sabrina sat back down.
"Defense?"
The woman stood. "Your Honor, these men are not fit to raise any child, much less this child. Their extensive history is rife with violence and poorly-made decisions. Their 'marriage'," the word was said with scorn, "is immoral enough without compounding the problem with poor parenting skills in both men. We intend to prove an alien has no business raising a human child, and Captain Kirk is an extremely poor choice of guardian for the child. The mother is the child's best advocate." She seated herself.
"Call your first witness," the judge told Sabrina.
"Your Honor, we call Benji Johnson to the stand." Benji walked forward and was sworn in and took his seat in the box. "Mr. Johnson, please state your job title for the record," Sabrina began.
Benji leaned forward to the microphone. "I am a clinical psychologist for the Washington County Child Protective Services office."
"And what is your job description?"
"I interview children whose parent or parents are being investigated for alleged abuse. I hear the tale in the child's own words to discover if there are any improprieties in the home and then report this to my boss." Benji leaned back again.
Sabrina came closer. "Did you interview the Marcus child on December 26th of this year?"
"I did." Benji smiled.
"What was your finding?"
Benji's smile grew wider. "The Marcus child is extremely bright. I'd say gifted. He comprehends situations with very little instruction from outside parties, and he infers a great deal from the world around him. He's a very passionate young man and while opinionated is not afraid to admit he may be wrong in his opinions."
"Did the child exhibit any telling behaviors while under your supervision?" Sabrina asked.
Benji's smile faded. "The child shrank away from my touch when he first came to my office. After I assured him he was not going to be harmed, he began to thaw and eventually he was able to show me physically why he had been frightened before."
"Thank you, Mr. Johnson. No further questions." Sabrina walked away.
The other lawyer stood. "Did the Marcus child understand why he was with you?"
Benji nodded. "As I said, he's very smart."
"Did he figure it out himself or was he told?" she asked.
"Objection. Hearsay," Sabrina stood halfway from her table.
"Sustained."
The lawyer was stumped. Then she tried a different tactic. "How long have you worked at your job?"
Benji thought about it. "It'll be two years next month."
"How many cases have you supervised?"
"Well, thankfully child abuse is on a decline so I haven't been called into work that often. I'd say probably fifteen or sixteen cases." Benji brightened.
The lawyer pounced. "So would you refer to yourself as an expert in child abuse cases?"
"I was trained extensively at Ithaca University and did a year-long internship before taking a permanent position. Child abuse may not always be blatant but it's pretty obvious if you're looking close enough. I know child abuse."
"Terrific resume-building answer, but yes or no, would you refer to yourself as an expert in child abuse cases?" the lawyer stressed.
Benji averted his eyes. "I don't see how anyone can say with certainty – "
"Your Honor, please instruct the witness to answer the question."
"The witness will answer yes or no," the judge informed him.
"No." Benji's answer was quiet and Jim felt sorry for him.
"No further questions."
"Redirect," Sabrina stood quickly. The judge waved her on. "Mr. Johnson, one hundred years ago, how many child abuse cases would have been typical for child protective services to handle?"
Benji blinked. "Oh, I'd say an office would see maybe two or three a week."
"Making on the outside one hundred and fifty six cases of child abuse a year. How many cases did your office handle last year?" Sabrina continued.
Benji shifted. "We handled sixteen reported cases and fourteen full investigations."
"And in your expert opinion, what accounts for the discrepancy?"
"Well, people don't abuse their kids anymore. I mean, believe me, as great as it is to have a job, I'd be more than thrilled if my job was phased out due to lack of necessity. That would make my world. But until abuse is eradicated, I'll be there with my coworkers making sure the children have a voice."
There was murmuring from the gallery and Sabrina nodded to him. "Thank you, Mr. Johnson. No further questions." Benji stepped down and went back to the gallery. "With Your Honor's permission, I'd like to hear from the Marcus child himself," Sabrina continued.
"Your Honor, approach?" the other lawyer requested. The two women stepped up to the bench. "This is just a blatant attempt to blind you to the case, Your Honor. The case is whether these men are fit to parent the child. There is no call for the child to testify."
"Your Honor, in every child custody case the child is given the opportunity to testify as to their desired outcome. The Marcus boy testified at his first custody hearing and is more than capable of testifying today. He deserves to be heard in this case," Sabrina urged.
"I see no reason to break with tradition. The child will testify. You will be given the opportunity to cross-examine at the end." The judge leaned back. "The court calls the Marcus child."