Chapter 8

Kate's hands were cuffed and on each of her sides was a police officer when she left the police car to enter the court house. She was greeted by ear-battering noise. Kate had expected some audience and reporters, but she would have never thought that her trial would cause such a spectacle. It was quarter past nine now and everybody who hadn't already waited in front of the Civic Court when the court opened at seven hadn't gotten a seat. All the people who wanted to be as near as possible anyways were now standing in front of the impressive white building holding posters and hooting at the officers who brought Kate in.

Kate's fellow survivors had used the 6 weeks between her arrest and the trial to bias the public opinion in favor of Kate. Charlie had just brought out an album about his time on the island and had dedicated it to Kate. He had even written a song about "Kate the island heroine", which was on the top of the radio charts. Sawyer had been in each Important Talk Show and had never missed to state that Kate was the last person whom he would want to see in prison. Of course he had never missed to promote the book he was writing about the island, either. Even Locke, who had never given an interview before, had told the media that he had never met such a brave and compassionate person before. Hurley had declared in public that nobody would bar him from paying for Kate's lawyer and all other costs she would have. He had also stated that he was puffed up about the refusal of the custodial judge to release Kate on bail. And he had not forgotten to state that a woman in her condition shouldn't be in an uncomfortable cell. Each newspaper and network had brought the information that Kate was pregnant with the child of the island hero.

But what had touched people most was the first and only interview Jack had ever given since the crash. It had been broadcasted life on each important network.

"You probably wonder why I'm giving an interview now, after I refused talking to the media for three months now. And I'm going to answer that question. In two days the trial against Kate Austen will start. And I want all of you, everybody who is watching that, get to know my fiancée like I now her. Yes, you heard right, I'm engaged with Kate. I proposed to her this morning and she did me the honor to accept my proposal. It was important to me to ask her before we know how her trial will end. Because the sentence will not influence my decision. I love Kate and I always will. She is worth waiting for her, no matter how long it will take. But I hope I will not have to wait for her. I want to have Kate with me and with our child every single day of my life. It's hard for me to describe Kate to a person who doesn't know her, because she is absolutely unique. But I will try. Kate can make you laugh, when you think everything around you is breaking to pieces. She can show more love and compassion with a look or a touch than the most talented poets can in whole books.

Kate is always there when somebody needs her. She always helped me to treat the injured people on the island. She stayed by their sides' whole nights if necessary, but got mad with me when I didn't sleep or eat properly. She ditched and removed rocks with her bare hands when I was in a cave in. She risked her life countless of times to safe somebody. Kate Austen is the most brave, helpful and caring person I've ever met. Please keep that in mind, when you'll hear and read that she is a cold blooded murderer."

Jack had visited Kate every day since she had been arrested. He had quit his job to be able to help Kate through the trial. With the money of Oceanic he would be able to take his time looking for a job with a better working schedule after the trial. Jack had promised Kate that their child would have a good life and would never miss anything no matter how her trial ended.

Before Jack went to his appointment for the interview two days ago, he had visited Kate in remand and proposed to her.

It hurt Jack that he had to talk to Kate through a glass panel. He wanted to touch her, to hold her, to kiss her so badly. Kate smiled weakly at Jack when he took his seat. They both tried to cheer the other up as good as possible.

"Hi, love. How are you doing?" Jack asked.

"I'm fine. I'm glad you're here, Jack. I don't know what I would do without you."

"I know you would get along. You're the strongest person I've ever met. But I'm glad I can do something to make it easier for you." Kate smiled at that.

"I've got something for you. The guard allowed me to give it to you."

Kate looked at Jack curiously and she became even more curious when Jack took something small from his jacket, stood up and knelt down on his chair, so that Kate could see him through the glass.

"Kate, you are the most amazing person I've ever met. I didn't believe in love at first sight until I met you. I don't know what it was that made me fall for you when I saw you standing there between the trees looking like an angel with the light surrounding you. But I know I was under your spell this very second. In the middle of all the chaos and pain the plane crash had caused you made me laugh and you gave me hope. Whenever I thought I would go crazy you found the right words to cheer me up, to encourage me or to calm me. In these few months you've given me more than anybody else in my whole life. And for the first time in my life I have somebody who truly sees me. Not the doctor or the hero, but the man who has doubts, who can get mad and who can be a real jerk sometimes. We got to know each other during these two months on the island in a deeper way than other couples do in years. We saw the best and the worst of each other. You are not perfect, neither am I. But that doesn't matter. All that matters is that these two months showed that we are perfect for each other."

Jack opened the small box and showed Kate a beautiful diamond ring.

"Kate Austen, will you do me the honor to become my wife?"

When Kate stood in front of the courtroom door waiting to be called inside she stared at her hand with the engagement ring lying on her still flat stomach. The ring had become her talisman, a symbol of a better future, a future with Jack and the child she carried. When a catch pole came to call her inside, Kate took a deep breath and hoped that this future would be more than a dream someday.

The benches were full with people and the Jury was watching Kate suspiciously. It consisted of 5 men and 7 women. From their outward appearance they couldn't have been more different. The age range went from a girl who looked like she was barely of age to a woman who was at least seventy. There were two colored people – a man and a woman – and three Hispanics.

Judge Harold Bone was a stern man in his late sixties. He was known to judge hard, but fair and to be absolutely neutral. He had never let himself be influenced by the public opinion and he didn't allow any indiscipline in his court room.

Brandon McKenzie – the state attorney – was a self-confident man in his late thirties. He had made a fast career and barely lost a case. McKenzie didn't make a secret of the fact, that he hoped to become senior prosecutor, when his boss would be retired in three years. He was known to find each contradiction between the testimonies.

Kate's lawyer Alden Turner was a calm and friendly man in his fifties. He was as famous for winning seemingly hopeless cases as for refusing to appear for clients he didn't like at the first meeting, no matter how much they could pay. When his secretary had told him he had been asked to plead this case he had first refused. He wouldn't do the job, because she was newly famous and probably rich due to the compensation of Oceanic. But when he had seen the interview Jack Shephard had given, he had taken the next plane to L.A. He wanted to get to know this woman. And it had taken him only minutes to see what her fiancé and her friends saw in her.

"Herewith I declare the hearing 'the state California against Katherine Austen' you please read the bill of indictment Mr. McKenzie?" he asked the state attorney who nodded.

"Katherine Austen, you will be charged with murder according to § 1112, involuntary manslaughter according § 1111, robbery according § 2113 a and assaulting and resisting certain officers according §111."

"Does your client avow herself guilty or innocent, Mr. Turner?"

"Miss Austen avows herself guilty to have committed the deeds she is accused of."

"Is she going to comment on the accusations?"

"Yes, she is."

"Then please sit down in the witness stand, Miss Austen."

Kate did like she was told.

"Your name is Katherine Elisabeth Austen. You were born June, 3rd, 1978 in Janesville, Iowa. Are these data correct?"

"Yes."

"You heard what you are accused of and your lawyer told us you want to comment on the accusations. So tell the court what happened from your point of view."

Kate took a deep breath and started to tell her story.

"I used to life with my parents until I was 5 years old. Then my mother divorced my father. He moved out and her new husband moved in. His name was Wayne Jansen. He was a drinker and he hit my mother. First, he did it when he was drunk and she had made a minor mistake like forgetting to buy him beer or using to less salt. Then he started to drink every day. Wayne went to the pub early in the afternoon and came home late at night. Then he hit her without even needing a reason. He didn't only slap her in the face. He really beat her up, often bad enough to cause her broken bones. Sometimes I really thought he would kill her. When I was seven I tried to sneak out of the house to get help once, but Wayne saw me and he told me, if I would ever tell anybody what he did to my mother she would be dead when I came back home. When I was older I tried to persuade my mother to grab a few things and leave while Wayne was in the pub. But she refused. My mother kept telling me that Wayne was a good man, that she loved him and that he loved her, too. When I and my boyfriend, Tom Brennan, graduated from school he left for college. He told me to sign in, too. Tom always believed in me and was sure I would get scholarship. I thought about doing it, about going with him and leaving all this mess behind. I even had filled the form to apply for a scholarship and was going to send it away. But when I came home that day, I found my mom in the bathroom trying to bandage her wounds. He had hit her worse than usual. This day, I realized that I could never leave her alone with Wayne. I was afraid he would hurt her that bad again and she would rather stay home and die from her injuries then to call an ambulance, because she didn't want to cause Wayne trouble. She needed me to take care of her as good as I could. When I was 24 I was planning a surprise for my father's birthday. I made a photo album for him with pictures I got from his old friends.

Doing this I found out that he had been in Korea until four months before my birth. That's how I found out that Wayne was my real father. That was a shock for me. I had thought I were the daughter of a good man, it had always been a relief to me, that I at least didn't have Wayne's blood in my veins.

I decided to visit Wayne this evening knowing that my mother had to work. I wanted to talk to him, to find out if he knew he was my father. A part of me had hoped that he didn't know and that this information would touch something inside of him. I wished I would learn that Wayne isn't the heartless jerk I thought he was and that I would somehow have influence on him when he knew he was my father. I left him a message on the answering machine telling him what I found out. Some hours later I went to the house to see if he was there. He wasn't. He had gone to the pub again. I went inside the house and saw that he had heard the message on the answering machine. My mother was at work when I left the message, so it had to be him who heard it. I waited for Wayne on the porch. When he came home he was completely drunk. I decided to bring him to bed, because I couldn't talk to him in this state. When I put him down he made sexual remarks and grinned at me in a disgusting way. I felt so angry and disgusted. I had hoped he weren't as bad as I had thought, but when he talked to me – his own daughter - in that way I couldn't think clearly anymore. I felt dirty and sick. I just wanted to get out of there. But then I saw that he had left the gas on the oven on. And before I could think about it I left the house and let my lighter fall on the porch.

When I realized what I had done I went to the bank where I had left the insurance policy for the house and brought it to my mom. I said goodbye to her and later to my dad and ran.
Two years later I got a letter by an old friend telling me that my mom was dieing from cancer. I went back home and asked my friend Tom to help me. I wanted to see my mother one last time. Today I wish I had never visited Tom.

He helped me, but when my mother recognized me she called for help. I asked Tom to loan me his car, but he wanted to come with me. I told him to leave the car again and again, but he refused. Eventually I started driving and broke through the police barrier. They shot on us and one of the bullets hit Tom. He was dead.
The day before Tom and I had dug out our time capsule. It contained childhood memories. I wanted to have something from him as a reminder, because I knew I wouldn't see him again. But I had to leave everything behind. I went on the run again.
I didn't have a car and I didn't know where to go and so I hitchhiked. That's how I met Jason. I never knew his last name. He offered me a place to stay, but he demanded that I slept with him in return. I'm not proud of it, but I didn't know where to go, so I ignored my disgust and did what he asked of me. Jason knew that I was running from the police so he made me participate in his criminal activities. Jason was planning a bank robbery with two other guys. Then the idea came to me that I could convince him to pick the bank of which I knew that Tom's toy plane was there in a deposit box. I've never planned to take money and I settled with Jason and the other guys that we wouldn't hurt anybody. All I wanted was the toy plane. It was everything I had left of Tom. When Jason threatened to shoot the bank manager I intervened and shot him and the other two in the arm or the leg. Then I told the bank manager to give me the plane and left."

It had taken Kate a lot of strength to explain the whole story in public. When she had come to the part with Tom's death Kate couldn't keep from crying. Tears where still running down her cheeks and her heartbeat and breathing had increased.

"Does the state attorney have any questions to the witness?" the judge asked.

"Indeed I have," Mackenzie told them.

"Could we take a rest? You see, Miss Austen is really upset. I think we should be considerate of her condition and allow her to calm down and drink a glass of water before we continue."

Judge Bone agreed and allowed Kate to leave the courtroom together with her lawyer and two officers. When Kate left the room she saw Jack and a few other survivors outside waiting to be called in to make their testimony.

"Kate, are you alright?" Jack asked worried and ran towards her.

The police officers tried to stop him.

"I'm a doctor and you can't deny me to make sure Miss Austen is all right," he told them.

The policemen agreed to escort Kate and Jack into an empty room, where he could examine her.

Jack knelt down in front of Kate to take her pulse.

"Was it that bad?" He asked and Kate nodded.

Jack wiped the tears from Kate's face and then took her hands in his.

"Let's call to five together," Jack whispered soothingly.

When they called together and Kate looked into Jack's loving eyes she soon felt calm again.

"Better?" he asked handing Kate the glass of water a catch pole brought.

Kate nodded and smiled at Jack.