Nick had made an appointment with Jeremy and he and the girls were on their way. Nick got out and carried April, who was wearing her favorite pink, checkered, sun dress. He was wearing a button up blue shirt and black pants, trying to be as professional as he could. He looked over at Katie, who was dressed in a short grey skirt, a black button up shirt, and black shoes, and smiled at her when she looked over. "Daddy?"
"Yes sweetie?"
"Why couldn't we go to Warrick's house?" April asked holding her doll in one hand and holding onto his shoulder with the other.
"Because you and Katie have to talk to a very nice lady. She's going to ask you some questions and then we can leave."
"Oh." April said becoming a bit nervous. She was very shy when it came to knew people, but once she got use to you she became a non-stop chatter box.
"Katie will be with you." He said feeling her tense up. "I'll tell you what, after this is done we can do anything you want today."
"Will you play princesses with me?" She asked hopefully.
Nick was getting flashbacks of his younger days when he lived with five girls. "Sure." He gulped, but hid it with a smile.
They walked into the office and were greeted by Jeremy and Jamie, one of his partners. "Nick." He greeted shaking hands. "This is my associate Jamie Cohen." He said introducing a woman with red hair and blue eyes.
"I'm just going to ask them a few questions." She said shaking his hand.
"Well," He started, placing a hand on Katie's shoulder. "This is Katie and that's April." He said smiling slightly as she hid behind Katie.
"She gets nervous around new people." Katie explained shaking the ladies hand.
Nick bent down to April's level. "I'll be right down the hall, ok? And Katie is going to be with you, so you don't have to be scared." He said. She nodded her head but kept her grip on Katie's shirt.
"Dad." Katie called out as they went their separate ways. She walked up to him and handed him an envelope. "I thought this might help." She said before taking April's hand and following Jamie.
Nick looked at the envelope he sat down, opposite Jeremy, in his office. He turned it over and lifted the flap. Nick drew in a sharp breath as he pulled out the pack of pictures. He scanned through them, about two dozen, each one worse than the next. They were all of Katie, but in each one she captured a new bruise, cut, or worse. He looked down at the bottom corner and noticed that each one had a date and the farthest date back was when she was eleven. He guessed that these were the worst of what he did. Nick was boiling, thinking about what this man did to his daughter.
"Nick?" Jeremy asked again.
Nick looked up, unaware he was being spoken to. "Sorry. Um, Katie gave these to me." He said handing over the pictures.
Jeremy flipped through the pictures before placing them aside. "We have an air tight case for Katie. I spoke with Dr. Grissom about his findings that night and he is willing to testify. I also spoke with a," He looked down at his file. "Warrick Brown. It's good to have someone that can verify your responsibilities as a father. Now." He shuffled a few papers around. "It is customary for a social worker to observe both parties. She will be by your house sometime this week. I can't say when because it's not suppose to be planned for." Nick nodded his head, understanding. "She has already had a visit with Mr. and Mrs. Coby and she has submitted her report to the judge. Court will be held a week from Wednesday, giving the social worker plenty of time to make her report and submit it. Like I said before it is good to have someone to verify your responsibilities. Unfortunately Mr. Coby has someone as well."
"Who the hell would vouch for him?" Nick asked appalled.
"Well he hasn't exactly laid a hand on April." Jeremy pointed out.
"What about neglect? Katie runs that place. He's always to drunk and or stupid to take care of April. Hell he can't even take care of himself. And steph works all the time." Nick counterpointed.
"Look, all I'm saying is that April is going to be one hell of a fight. When I get his witness list tomorrow I'll go through it, do background checks, and so on. I'm going to get him wherever I can." He said.
In another office, Katie and April took the two seats in front of Jamie's desk. April sat her doll nicely on her lap and looked around the office. "Who's this?" Jamie asked trying to be friendly so that April wouldn't be nervous.
"Aura." She said, after looking at Katie.
"Aura, that's an unusual name." She said smiling.
"It's Aurora, like sleeping beauty. She just has trouble saying it." Katie explained.
Jamie nodded her head as she looked at her file. "So what can you tell me about your stepdad?" She asked Katie.
"I prefer Todd, he's not a father of any kind." She said correcting her. "There isn't much to say. When he's not drinking or passed out he's pissed off. And when he doesn't get things his way or at a fast enough pace he gets violent." She said looking down.
Jamie wrote down her notes on a pad. "How does he get violent?"
"Would you like least to worst or chronologically?" She realized she was getting a little nasty. "I'm sorry, I just don't feel comfortable talking about him."
"Anything you can tell me would be good." Jamie coaxed.
Katie looked at her sister. "Earmuffs." She said and April's hands flew to her head and covered her ears. She then turned back to Jamie. "When it first started he only hit my mother, so she started working more and more to escape from him. When she wasn't around he began to turn on me. It first started with him grabbing me and shoving me around. Then he began to hit. Then he kicked, and I learned not to piss him off." She said.
Jamie took a moment to write it down. She had a look of sincerity in her eyes. "Has he ever gone after April?"
"No." She answered without hesitation. "I would never let him touch her." She said angrily.
Jamie continued to ask questions to Katie and then asked a few questions to April. When it was all over Nick was waiting for them by the receptionists desk. Katie felt uncomfortable now that she let Nick see the pictures and she could tell he was too by his body language. April came up to him and took his hand and they walked in silence to the car.
The silence continued all through the car ride but was broken when April stepped out of the car. "Daddy, are you mad at Katie?" She said noticing how they weren't talking.
"No sweetie." He said.
"Then how come you're not talking to her?" She said looking up at him with her big blue eyes.
"We just needed some quite time to think." Katie said for him. April nodded her head understanding. She ran into the house and went to her coloring that was left on the table.
"Young lady, what did you need to do today?" He asked the little girl.
"Oh I forgot." She said as she packed her crayons and coloring book in her box and went off to her room to clean.
Katie had already made her bed and went to work on the few dishes in the sink. Nick went to his own room and thought about what to say to Katie. When he came out she was running around the living room straightening up this and that. He knew something else was wrong when she rearranged the same pile of magazines five times. "Hey." He said standing to the side. She simply nodded and continued to clean. "Can I talk to you for a sec?" He said lightly again.
"Not right now." She said knowing what he wanted to talk about and not wanting April to hear. Nick understood and went to the kitchen to make a phone call.
Twenty minutes later April came out of her room wearing a pink t shirt and overalls. She sat on the couch with Aura and turned on the tv when the doorbell rang. She padded her pink sock clad feet to the door and opened it. "Hi Warrick." She said as he picked her up.
"Hey kiddo." He hugged her and then put her down.
"What are you doing?" She asked as he walked in and closed the door.
"I came by to see if you wanted to go to the park." Nick had asked him to take April out for a while, but he didn't say why.
"Yeah!" She cheered excitedly. "But I have to ask daddy."
"Ask me what?" Nick said walking into the room.
"Daddy can I go to the park with Warrick?" She asked hopefully.
"Sure. Go get your shoes." He said as she ran to the hall closet and pulled out her white and pink princess sneakers. She sat on the couch as Nick tied her shoes and Warrick grabbed her jacket. Warrick helped her put it on and she held Aura in one hand and his hand in the other as they left.
Katie stepped out of the shower and wrapped a towel around herself. She walked into her room and changed into jeans, a tank top, and a zip up sweatshirt. She came out to the living room and saw Nick watching tv. "Where's April?" She asked.
"Warrick took her to the park." He said turning off the tv when she came into the room. "I figured we could have some time to talk." He said as she took the seat next to him.
"If it's about the pictures, I don't think there's much to say."
"We're going to a hearing next week." Katie nodded her head. "I think that you and I need to talk about reality. I refuse to let you go back Katie." He said.
Katie looked at him. She knew that Nick would get custody of her, everyone knew, but April was the real issue. "I can't let her go back alone."
Nick noticed that she got his stubbornness. "I can't guarantee that the judge will give her to me. I'm not her biological father."
Katie shook her head. "We're a package. She's still my sister and I vowed from the day she was born that I would protect her. I'm not worried about me. I can handle it, she can't."
"You shouldn't have to handle it." Nick said getting upset.
Katie knew he was angry with the situation and not with her. "This may sound wrong to you, but you learn to live with the hand you're dealt. As long as I'm around April has a chance."
"What about Stephanie's parents?" He said thinking the girls could stay there if they couldn't go with him.
"They would take her, but if Todd comes knocking they'll give her up." She said playing with the sleeve of her sweatshirt.
"What about you?" He asked curiously.
"April has a dad. When mom first came to Vegas she started work right away. When she had me her parents gave her a little time to rest and then they kicked us both out. Then she got married and had April and they invited her back. She was married and had a kid but he wasn't my father." She said sadly. "The bottom line is that I go where she goes. No matter what." And that ended the conversation.
"I want to go with my dad." Katie said to the social worker. The social worker looked from her then to Jeremy and Jamie. Jeremy nodded and Katie bent down to April. "I have to go with daddy for a while, but this nice lady is going to keep you company ok?" Today was the day of the hearing. Today decided the fate of Katie Austin and April Coby. Today decided the rest of Nicks life.
"But I want to go with daddy too." She said sadly.
"We have to go with the grown ups." Nick added.
"Promise you'll come back for me?" She said keeping her grip on Nicks hand.
Nick could never make a promise he couldn't keep so he was forced to just look at her. "I'll come get you in a few minutes." Katie said to her.
The social worker began to drag April away. "No. Daddy." She cried out as her hand was ripped from his. "Daddy." Her screams echoing in the hallway, but the only thing Nick could do was turn away. It was ripping his heart out to hear her cry and scream and know there was nothing he could do about it.
"It's ok." Katie said placing a hand on her shoulder. Nick pulled her to him as he tried to compose himself. Katie rubbed a comforting hand up and down his back. Catherine, Sara, and Greg had come along for support and Warrick and Grissom had agreed to testify on Nicks behalf.
Katie sat between Greg and Warrick as Catherine and Sara sat behind them. Nick sat at the table in front of the rows next to Jeremy. Jamie sat at the table to the right representing Katie and April. As hard as Katie tried she couldn't help but take a peek at the table to the left. The one where Todd sat. When he caught her eye he winked and smiled. Warrick caught this and placed a protective arm around Katie's shoulders, causing her to look away.
"All rise for the honorable Judge Reiner." The guard announced and everyone obeyed. Once the judge sat down everyone else followed.
"The case of Mr. Nicholas Stokes vs. Mr. Todd Coby, in the matter of custody concerning Katie Austin and April Coby is now in session."
After the lawyers made their opening statements it was time for the witnesses to be called to stand. "Your honor, I'd like to call our first witness, Doctor Gil Grissom." Jeremy said. Grissom made his way to the stand with his folder.
Warrick gave Katie's hand a squeeze when he felt her tense up. Grissom was sworn in and then Jeremy began with his questions. "Dr. Grissom, on the night of May eighth is it true that you received a domestic disturbance call from the Coby household?"
"Yes it is." Grissom answered.
"Would you please tell the court what the caller said."
"The 911 operator received a call from a frightened young girl. She told the operator that her father was hitting her sister again."
"And what did you discover when you arrived at the scene?"
"I walked into the house and surveyed the area where I was told the fight took place. I found blood and hairs on the corner of a framed picture hanging on the wall, along with a blood and saliva mixture on the bottom stair." Grissom said passing his pictures to the judge.
"And when you compared the blood, hairs, and mixture in your lab, what did you find?"
"That all three belonged to Katie Austin."
"Lastly would you share your final results with the court."
"The evidence proved that after Miss. Austin was attacked by Mr. Coby, she fought back in self defense and the defense of her sister."
"We have no more questions your honor."
"Mr. Harsburg, your witness." The judge spoke.
Both Todd and his lawyer knew that Katie wasn't going to be in custody of him, so their focus went to April. "Dr. Grissom what led you to think that my client caused this abuse?"
"From the words Miss. Austin and Miss. Coby. There had also been previous domestic disturbances from the Coby household."
"And what, may I ask, were your findings of abuse on April Coby?"
Grissom inwardly swore. "There were no findings on Miss. Coby." He said.
"That's all your honor." Mr. Harsburg said taking his seat.
"You may step down Mr. Grissom." The judge said. "Mr. Turner, you may call your next witness."
"We would like to call Warrick Brown to the stand." Warrick patted Katie's knee and walked up to the stand. After he was sworn in Jeremy began his questions again. "Mr. Brown, please state for the court your relationship with my client." Jeremy asked, walking up to the stand.
"We're best friends and coworkers."
"Would you say that my client is a responsible adult?"
"Yes." Warrick said without hesitation.
"How can you verify?"
"Well when it comes to those girls he always puts them first. He makes sure that they have clothes on their backs, food in their stomachs, he would lay his life down for either one of them." Nick realized what he was saying was true. He wouldn't even have to think about it. "Recently he's been getting booklets from different schools for the fall. He asked me to watch them so that he could go interview the schools and find the best one."
"What about as a person? Would he be likely to beat either girl?"
"Objection your honor." Mr. Harsburg shouted out.
"Sustained."
"We have no further questions, your honor."
Mr. Harsburg stood up and buttoned his jacket. "Mr. Brown, does Mr. Stokes leave the kids with you often?"
"No." He shook his head.
"How often would you say?"
"Well only twice, but that was becau-"
He cut Warrick off, "But Mr. Stokes has only had them for a week."
"Yes, but-" Todd smiled as he watched his lawyer.
"That's all your honor."
The judge wrote some notes down and then dismissed Warrick from the stand.
"Do we have to call her?" Nick whispered to Jeremy as Warrick sat down.
"I hate it as much as you do."
"Your witness council."
"We would like to call Katie Austin to the stand."
Warrick squeezed her hand. "Just don't look at him." He advised.
She quietly made her was to the stand and was sworn in. "Miss. Austin, would you please describe the events that took place on May eighth?" He asked politely.
Katie closed her eyes, trying to pretend Todd wasn't in the room. "I was tucking my sister in when he yelled for me to get him a beer. I went downstairs," She took a few seconds to compose herself. "and when I turned around from the fridge he was standing there. He said I wasn't fast enough, and then he hit me across the face. He smiled at me and told me that someone else would pay. He started to go up the stairs to my sisters room but I stopped him." A tear broke free and slid down her cheek.
"Let the record show reference to evidence 'C'." He said holding up one of the documented photos that the paramedic had taken. He then turned back to Katie. "Thank you Miss. Austin." He said kindly to her. "No further questions."
Todd whispered something to his lawyer before Mr. Harsburg began questioning Katie. "Miss. Austin, how exactly did you stop my client?"
She looked at Nick as the lawyer spoke, she was afraid to look else where. "I grabbed his leg."
"Causing him to fall down the stairs?"
She began to cry and Nick could see that she was beginning to think she was guilty. "He was only on the bottom step."
"But you did in fact trip him, and then proceed to knock him unconscious."
"Objection your honor." Jeremy shot up.
"He was going after my sister." Katie said to the judge.
"Sustained."
"No further questions."
"You may step down Miss. Austin." He said.
"I was only trying to protect her." She said silently as she stepped down from the stand. Nick was doing all he could not to jump out of his chair and hug Katie close to her, to tell her that it was all going to be ok. But he silently watched as she walked past him and took her seat next to Warrick, crying on his shoulder.
"I think we should bring up Sara. She can testify about the break-in. She lifted fingerprints and all." Nick said.
"It's been excluded."
Nick was shocked. "What? Why?"
"Because and officer by the name of Tyner, never filed it." Nick suppressed his urge to yell profanities. No doubt Todd payed Tyner off.
"Mr. Turner, do you have any other witnesses?"
"No your honor." He said standing.
"Then Mr. Harsburg, you may call your first witness."
"Your honor we call Mr. Bernard Holding to the stand." A man from the back of the court came to the stand and swore to tell the truth. "Mr. Holding, how long have you known my client for?"
"Since college." The mans suit was askew and Nick and Jeremy looked at each other both wondering which bar this guy came from.
"And in all the time you've been with my client have you ever seen him beat or go after his own daughter, April Coby?"
"No, it was just that bastard child."
"Watch it." Nick shouted standing up.
Mr. Holding was about to respond back when the judge called for order. "Mr. Stokes, control yourself. The next time it happens I will hold you in contempt." He said banging his gavel.
Nick sat back down and Mr. Harsburg smiled. "Please continue."
"Anyway like I was saying, she ain't even his. She was lucky he was as excepting as he was. She deserved it anyway. Always talking back, never taking care of her responsibilities. But no, he never laid a hand on his daughter April."
"Thank you Mr. Holding. No further questions."
Jeremy had no questions for Mr. Holding and Judge Reiner took a few moments to take notes. Then each lawyer made a closing statement and everyone was kicked out of the court room as he went off to make a decision.