Wow, I'm thrilled to see the reviews you guys are leaving. Especially to see the new 'faces' in the group. To all of you who were moved to comment on this story, thank you so much. I hope to keep writing it well enough to keep you coming back for more. M.
Truth and Lies
Chapter 5
Judge Caroline Marks took her seat, glancing first at the prosecutors table. Seeing ADA Jillian Walker she nodded hello, quickly taking in the group around her and the Mother and Father sitting behind her in the gallery. Next turning her attention to the PD's table she nodded to PD August Thomson, noting the small contingency of police officers sitting behind him in the gallery. Then her eyes took in the prisoner behind the table in the wheelchair. A small gasp involuntarily escaping her as she blinked rapidly before composing herself again.
That's when ADA Walker knew the shit was about to hit the fan. She was not looking forward to what was coming, brushing her blonde hair away from her shoulder, then giving a gentle tug to the bottom of her navy blue wool jacket, she stood waiting, as Judge Marks had not yet given the Bailiff the go ahead to let them be seated nor addressed it herself.
PD Thomson felt the urge to flee as he saw her face upon spotting Boscorelli. He'd tried for forty-five minutes to talk the officer out of this, to let him ask for a postponement, to no avail. Now he prepared himself for a royal asschewing. Judge Marks was not known for her subtle tactics. A hard-nosed Jurist she was looking particularly pissed right now. He also fidgeted a moment with his gray suit jacket's sleeve, for the same reason Walker had hers, then swiped his hand through his black hair, clearing his throat slightly. Judge Marks could scare God when she was ticked enough.
Finally she motioned for them to be seated. An uncomfortable silence in the room now. Glancing over at the ADA's table once more she narrowed her eyes at her. She knew that upon seeing this man's condition, Walker could herself have postponed this hearing. And had not.
Finally breaking the silence, her voice ringing out, "Would someone like to explain to me what the hell's going on? Why this man, whom I'm assuming cannot even see right now, nor stand considering the wheelchair he's in is in my courtroom and NOT in a hospital where he so obviously belongs?"
Walker and Thomson exchanged glances, then Thomson spoke first, "Your honor, it is my clients decision to be here, against counsels advice. He would like a chance at bail, to return home."
Sitting in her comfortable chair, behind the tall desk, her black robes rustling as she looked downward at the top of her desk, her hands smoothed the satin wood under them. Her dark green eyes sparking as she looked back up, her brunette hair tossing slightly. It was obvious to those familiar with her she was gauging what she said next, but was angry. Glancing again at the ADA, "And?"
"Your honor the people would not object to this hearing being postponed, but if bail is to be considered, we do object to that." Walker took a breath trying not to show her nervousness.
Judge Marks noticed the Blonde woman sitting behind Walker, and the man who was holding her hand. He looked angry and upset, the woman was red-faced as if she had been crying recently, and she looked somewhat ashamed. The man met her eyes, but the woman kept her eyes in her lap.
The Judge had read the case being presented today, and correctly assumed that the woman was the defendants partner in the Force.
Taking in his beaten and battered continence she spoke again, "Officer Boscorelli?"
Bosco turned his head to the direction the voice was coming from, but seemed to her confused as to whom was speaking. Thomson leaned down and whispered something to him, he glanced at Thomson a moment, nodded, then spoke, "Yes Your Honor?" His voice soft, low, and strained caused her to set her expression so as to not show partiality. She was livid that a prisoner in his condition had been allowed to come to court and she now set out to determine just how livid she should get. And with whom.
"Officer Boscorelli, may I ask what the hell happened to you? Where you in an accident?" Judge Marks had been told that he'd been jumped by the father of the 'victim' but this looked like a hell of a lot more than just a couple of punches.
Bosco shook his head slowly, his words slightly slurred, "No mamn." She waited a moment, but it quickly became obvious he either couldn't finish telling her, or wouldn't. Catching the eye of Thomson, she raised her eyebrow to him, cocking her head slightly she tapped her right forefinger's nail on the dark wood below her hand. Judge Marks could say more with a "LOOK" than most with an entire speech. Thomson quickly spoke up, "Your honor, Officer Boscorelli was attacked in his cell when he was in Central Booking. He's now in the Infirmary there."
She blinked at him, for once without comprehension, "Excuse me? IN HIS CELL? IN SOLITARY? HE was attacked while he was under lock and key with a guard sitting 5 feet away? How in the hell did THAT HAPPEN?"
"No your honor," Thomson now fighting for his client felt on stronger ground, the direction of her anger about to be set upon someone else, "a guard at Central Booking, after Officer Boscorelli was seen in the infirmary for his injuries received at the station when Mr. Fred Yokas jumped him there, placed Officer Boscorelli in General Population. He protested this, but was threatened by the same guard with revealing he was a Police Officer if he did not cooperate." He stopped when Bosco reached out and grabbed his sleeve, whispering, "Don't." Giving him a sympathetic look he pulled his hand off telling him, "Yes. If you won't help yourself, someone has too, besides Maurice, she'll find out anyway, you don't know this Judge. Now let me do this." Standing again he saw her for once looking at him with patience, eyes wide as she digested what he was telling her about the conditions at HER jail. Emboldened with this, he continued, "It seems this guard was angry with Officer Boscorelli for arresting a family member of his, last year and was seeking revenge on him."
She held up her hand to stop him, "And his cell mate did this to him when he discovered he was indeed a police officer?" Thomson gave a slight shrug, "Actually, he didn't find out until the next morning, when another prisoner saw Officer Boscorelli and told them who he was." Judge Marks sat forward, "They? How many were involved in this and where the hell were the guards?" Thomson sighed, "It seems that the cell this guard put him in was home to a man who recently killed a Police Officer in another precient whom had shot and killed his son in the line of duty. There were four all together who beat Officer Boscorelli your honor, but there were others who were set as 'lookouts'. As for the guards, it was right before shift change, and the guard whom put Officer Boscorelli in General Population made sure the other's were kept busy and away from the situation."
She nodded slowly, afraid to ask for more information about that 'situation' knowing full well what could go on, she instead focused now on his condition today, "Officer Boscorelli, I am very sorry for what happened to you. And I'll be checking myself to see that those involved are punished. I see here that you refused to press charges against Mr. Yokas. I would like to know why?"
Bosco sat still a few long moments, then leaned forward, "Your honor he didn't do this..." Her eyebrow raised again as she looked hard at Thomson before asking, "Officer Boscorelli, do you know where you are?"
He nodded, "I'm in court?" His hesitancy making her sigh, her anger increasing, "Officer Boscorelli, are you in court, or did you just take someone's word that you are in court?" He looked even more confused now, "Um, I am in court?" Thomson was looking at the top of the table in front of him, he'd dealt with this in the conference room earlier, and was not happy with what he was hearing again.
"Officer, why are you in court today? Why are you here before me?" She watched his reactions carefully. Bosco looked down, the chain around his waist giving a soft jingle as he dug his thumb into his palm, "Um, I hurt someone, um, I mean they think I hurt someone, I mean, um..." He stopped, obviously having to concentrate on what he was saying to her.
"Un huh. Officer Boscorelli, what are your injuries?" She glanced only briefly at the ADA and the group behind her, noting that the man was looking at Boscorelli, but the woman looking down at her hands still had tears on her face. Cutting her eyes back to Boscorelli she waited for his answer.
"Um, your honor, I just want to go home, if that's okay," He answered her finally, obviously avoiding her question, "I just want to go home." His hands were shaking from fatigue and pain now, and he was embarrassed she was making such a big deal out of the way he looked.
"Well Officer," Judge Marks noticing his deteriorating condition, the hand shaking, confusion increasing, replied, forcing her voice harder, "I asked a question and someone is going to answer it before anything continues here. I have to be sure that you understand what's happening around you and to you, and the more I see you and hear you, I'm convinced that is not the case today. I will not have a case thrown out because you later claim you were not in a mental condition to be here. Now, either you or your lawyer can answer, but it will get answered to my satisfaction. I'm not asking for blood work results, but I do have some serious issues about your well being."
Thomson spoke up before Bosco could do so, or could stop him. When he'd finished explaining the extent of the injuries the Judge heard a small sob coming from his partner. Glancing over she saw the woman's husband put his arm around her. "What medications is your client on Mr. Thomson?" Judge Marks turned her attentions back to them.
"I have a list of them that Dr. Sommers at the Infirmary where Officer Boscorelli is being held gave me," he handed it to the Bailiff, who took it to the Judge. She scanned it carefully, remarking, "I see two narcotics on here. Both for pain, and another here for respiratory therapy? I'm sorry Officer Boscorelli, but while you are under the care of a Dr. and on these medications you cannot and I will not allow you to stand in my courtroom for any hearing. Dr. Sommers has also noted on here that you suffer at this time from some mental confusion due to the head injury you received. That statement alone would cause my decision somewhere down the line, IF I was foolish enough to allow this to continue, to be thrown out. This case is postponed until Officer Boscorelli is released from the hospital, and a Dr. states that he is fit to stand trial. Officer, you and your lawyer please stay. The rest of you may leave. Thank you for coming, but until I'm satisfied that justice can be served here for both sides, this is postponed."
Fred stood up, "What? Your honor, that man raped my daughter, and you're just letting him go?" Faith grabbed his arm, "Fred please don't." He shook her off, "No, I want to know why?"
Judge Marks settled her gaze on him, "Mr. Yokas. I understand your concerns. There has been no bail set here today. No one is being 'let go'. BUT, no one here has been arraigned or convicted of anything either. Please refrain from further outbursts in my courtroom or you will be restricted from entering when this case does move forward. I am considered to be extremely impartial even for a Judge. I assure you, I am not releasing anyone here today, but neither will I allow a man to sacrifice himself because he cannot help himself properly. I would do the same for your daughter if I saw the need. Now, I would suggest you take your wife home to be with your daughter. Unless you would like me to cite you for contempt of court. Oh and while we are on the subject? While I do sympathize greatly with your parental instincts to protect your child, I would suggest you consider yourself lucky you are not yourself sitting in a courtroom awaiting a bail hearing. Attacking a police officer in house for any reason is a serious offense. Officer Boscorelli refusing to press charges against you is the only thing that kept you from sitting in the seat he's in today, minus the injuries I would hope." She banged her gavel, dismissing them.
It was unusual for the courtroom to clear out before the Judge rose and left, but not unheard of.
Faith having not been able to look at Bosco beyond the initial shocking meeting as she came in, now glanced over at him. His head was bowed and he was listening to his lawyer. Shaking his head at first he nodded, then was still. He'd not looked up at anytime, but she figured with his face and eyes the way they were he'd not been able to recognize her anyway. Fred paused a moment with her, his arm around her shoulders, then Faith let him guide her out of the room. As she turned fully, she was caught by Swersky's gaze. Dave seemed torn between coming over to her, and hovering over Bosco as the room cleared out. Several other officers who'd come as support for both sides filing out, some giving her sympathetic looks, others unsure of what to think caused her to sigh heavily. Breaking eye contact with Dave she left the room.
Outside, "Faith, I know you're upset. But we didn't do that to him. You have to remember why he was in jail to begin with." Fred stood on the steps of the courthouse looking into her face. Faith nodded, "Yea, I know, but my god Fred. I can't help it, its Bosco, how the hell could this be happening." Tears flowing again, she leaned into him as they went to the car together, "He's never hurt a woman or child in all the years I've known him. Hell he's beat enough who have that I just can't, even though I believe Em, wrap my mind around this!" "I know honey," Fred smoothed her hair away from her face as he pulled his keys from his pocket, "I know." As he walked around the car to get in he was thinking about the Judges words, 'Why didn't he press charges? I've never known him to back off like that...' The first doubts creeping unbeknownst into Fred's mind that maybe things were not as they seemed.
Back in the courtroom Judge Marks sat silent, the room emptied in front of her save for Bosco, Thomson, ADA Walker, the Bailiff and Swersky. Bosco's guard was standing silently by the door.
"I wanted to address this without an audience," she began, "after learning of the attack on you Officer Boscorelli, I'm not willing to let another one happen. Now that the inmates know you are a police officer you are in danger. Even in the infirmary. How the hell this could have been allowed in the first place is beyond me. To think that those we entrust with the care of others could do such a thing has while I know it happens astounded me. So, I'm going to make another unusual but not unheard of decision here today. Instead of you going back to Central Booking's Infirmary, you are instead going to go to Mercy Hospital. You will not be 'out on bail', so you will have a guard. Um, one that is satisfactory to both the warden and your commanding officer. You will not be free to roam or have visitors beyond what would be allowed if you were still at the jail. And you may have your own Dr.'s care if you wish. I would also suggest to you, in the interest of fair and just cause that you seek with your lawyers help to right this wrong that has been done to you, in whatever legal way you decide." Glancing at Thomson, "I trust I'm making myself 'clear'?" He nodded, a slight smirk on his face, "Yes your honor, in fact I've taken steps in proceeding in that direction already myself." She now smiled slightly, "Good Mr. Thomson, I know your clients interest will be in good hands." She rose then, everyone rising with her except Bosco who actually had nearly fallen asleep waiting for the room to clear. She paused a moment looking at the man, a compassionate scowl coming over her for a moment, then she was gone.
Two hours later Bosco lay in a bed at Mercy hospital, Rose at his side. He was asleep while she sat staring out the window. The door opened and the guard peeked in, "Mrs. Boscorelli?" His quiet voice breaking her stare, "Someone is here to see you. Would you like me to tell them to come back?" The police officer suggested by Swersky had instantly been agreed on by the Warden. Judge Marks having made herself very clear to him in a phone call, he was falling over his own feet to make sure Bosco had what he needed.
"No," Rose stood up setting aside the magazine she'd been holding, but not reading. Walking to the door she was surprised and pleased to see Sully and Ty standing outside the room.
"Mrs. Rose," Ty nodded to her, Sully greeting her with the more familiar, "Rose." She smiled warmly at them, "John, Ty, what are you doing here? Aren't you suppose to be at work?" Sully smiled at her, "Yes mamn, but we wanted to come by and see how he was doing first."
Rose sighed, "Better I guess. He's sleeping right now," she gave a small nervous laugh, "Maurice loves to sleep. When he's not climbing the walls that is." Ty laughed, "Which is most of the time. Man does fidget." Sully holding his hat in his hand changed the subject, "Rose, we just wanted to tell him that we don't believe, or rather we know he couldn't have done what they're saying he did. Bosco, I just can't see him ever doing such a thing."
Ty instantly agreeing with him, "I know there has to be some kind of misunderstanding. But anyway," he looked to Sully a moment, getting a nod, "we wanted to tell you if you need anything, just call. Here," reaching into his jacket pocket, "this is my card, I wrote Sul's number on it too. Really, anything you need. A ride, someone to bring you something decent to eat, whatever you just call us and one of us will get it." Rose tearing up, "Thank you Ty, you too John. I'm sure Maurice will appreciate the support. I know my son can be hardheaded, and hotheaded, but he would NEVER hurt that little girl, or anyone helpless like that."
Sully put his hand on her shoulder, "We know Rose. Bosco may be a lot of things sometimes, but that is something I'll never believe he is." Nodding to Ty, "Well, we better get back on patrol before Swersky sends out scouts. You take care and use that card." She gave him and Ty a quick hug, them returning it with pats, then went back into the room.
Bosco still asleep, Rose sat again in the chair. Looking first at the small white card in her hand, she then glanced over at her son's sleeping face. "Well baby, at least three people you work with believe you. I just wish your own partner did." She sat back, lifting the magazine again to her lap, and again sat holding it unread, staring out the window as she waited for him to wake.
TBC...