Caleb was in a state of complete and utter shock: the same judge who had heard all the untruthful theories spouted by the prosecution about how the boys had gotten their bruises, had clearly believed them, and more importantly, had bought what the prosecution had claimed defined kidnapping, not even paying attention to the idea that there could be more to the story than he just being rebellious and wanting to defy them.
Whatever the judge's reasoning for continuing the case to trial, it was over and done with. For the first time in his life, he would be going on trial for something that he hadn't even done. It was unfair, it was devastating, and it meant more sleepless nights for him, as he tried to think of a way to ignore the hollow pit in the center of his stomach. The pit that kept brutally reminding him that his luck could only extend so far when it came to acquittals and Dawn's miraculous way of weaving and twisting evidence together to fit what she wanted the jury to see.
And it meant more time away from the boys, who had already lost so much in their young and sheltered lives as it was. How could it have been five months since Jim had lost his life at the hands of YED? Ever since then, things had snowballed into a massive ball of confusion, chaos and hurt. There could never be downtime, that would only be too kind for the small family who had already lost so much so suddenly.
The only thing that registered in his devastated brain, was the bailiff putting a restraining hand on his arm, signaling to him that it was time to leave, as he gently propelled him to his feet. Standing numbly, he turned back briefly when Dawn started saying something to him.
"I'll come see you later today," she promised him.
"Okay."
Trying to take some comfort in her words, he allowed the bailiff to lead him out of the suddenly claustrophobic courtroom, and out into the hall where the restraints came back on. Trying to ignore them the best he could, he walked silently down the long and intermingling halls until they reached the underground parking garage, where the police car they had arrived in was parked.
Leaning his head back against the hard seats, he tried to draw breath through the panic he was feeling while they drove the long journey back to the jail. If he was convicted of all the counts against him, he wouldn't be in jail anymore, he would be in prison and the thought of that alone was enough to make him want to throw up, but he didn't as he gritted his teeth against the nausea that he felt. When he returned to the jail, the guards immediately led him back to his cell until Dawn arrived. This time, instead of suffering through the usual dread that often accompanied being locked back in that tiny space, he found comfort in that, as he was allowed to privately process everything that had just happened in that courtroom.
As a torrent of tears rained softly down his face, he didn't bother trying to stop their approach, as he sat on his cot and let them slide into his mouth. He tasted saltwater, as he restlessly got up from the cot to pace erratically around his cell, scrubbing a hand over his face. Luckily he didn't have to wait long for Dawn to meet him back at the jail, the guards were coming by his cell to get him for the meeting. Numbly allowing them to put the embarrassing waist chain and cuffs on, he followed them without a problem as they led him down the halls until they reached the room he and Dawn were allowed to meet in.
She was waiting for him, seated at the metal table that stood in the center of the room. She waited to speak while the guards seated him in front of her, and then left them to have their discussion. In those few seconds, he saw her eyes momentarily mist over, before she collected herself. This meeting would be one of the hardest for him emotionally because he knew instead of discussing his freedom, they would be gearing up for a trial.
"What the hell happened?" he demanded weakly, as he shook his head in disbelief.
"The prosecution had a good case," she admitted, "and unfortunately for us, the judge bought it."
Caleb sighed. "Well, what does that mean for us now?"
"We have time to get everything lined up," she said carefully. "I have time to get our witnesses and defense together." It was only three weeks, but it was enough for her to make sure she had everything in order, and make sure that she had an effective defense.
"What are you going to line up exactly?" he asked, trying to make sure that he was crystal clear on their strategy so there wouldn't be any surprises later on.
"I'm going to call different child pediatricians and psychologists to the stand, and then I'm going to call some different experts in behavior and that sort of thing. Also," Dawn said, cupping her hands in front of her. "This might be risky, but I think it might serve you well in the long-run."
Caleb arched an eyebrow. "What's that?"
"I think you need to do a lie detector test. And it can be done by someone we choose, and I also believe it would be beneficial to have you psychologically tested by a PH.D certified psychologist. At the trial, it can go a long way in having the jury see things our way."
Caleb liked the idea of being able to prove without a shadow of a doubt that he was innocent, but he also knew that it could go horribly wrong if the test somehow showed that he was deceptive. That would mean he would have to be extremely careful with how he answered those questions, and the emotion he was allowing himself to feel.
"I thought it wasn't a good idea to do a lie detector test?"
"It usually isn't, but right now, I think it's our best shot."
"What ab
"What about the kidnapping rap?"
That was the one charge that he was most worried about. No matter how much he hated to admit it, the state had a case when it came to that. In the eyes of the law, he had committed the crime when he had taken the boys outside of Minnesota, and had been caught attempting to flee. It was something he had done in a desperate moment of urgency, and it had ended up snowballing into something that even he hadn't been able to predict.
"That one will be difficult to disprove because the prosecutor had a point when he said that how the law defines it, it is kidnapping. You were caught transporting the boys over the state lines, and directly going against a court order."
"Right, but you told me before that there are other mitigating circumstances to consider."
"Correct."
"Can't you use the excuse, which is accurate by the way, that I was only concerned about Sam's stalker finding him again?" Of course, he knew that CPS would have a counter argument to that, but he didn't care. It didn't matter if, in their eyes, Sam would have been safe there. He only knew what he knew, and that was that there was no way he was letting the boys walk into danger just like that.
"That will be a major part of my defense and that, as also stated in the law that defines kidnapping, the perpetrator has to have some sort of malicious intent. For example, he took someone to hold for ransom, or to be a slave of some kind."
"Yeah," Caleb said with a slightly hysterical laugh. "None of that applies to me."
"I know that."
"How long will the trial last?"
"A few weeks."
Caleb's family always looked forward to the times where he would be able to call them. That day, in particular, however, Bobby could not deny the tension that hung in the air. He could only guess which way the judge would swing while trying to suss out the evidence presented at the prelim, and he hoped against hope that it would be something good for once. Especially with how on edge Dean had been that entire morning, as thoughts of what would be happening to his beloved guardian, had started to sink into his overwrought brain.
Hey, Caleb said. How's everything going there?
"Same 'ole, same 'ole. What about you? How did the prelim go?"
There was a pause on the other end of the line, and Bobby knew that couldn't be a good sign, as he mentally braced himself for whatever bombshell Caleb was about to drop on him. In the back of his mind, he also thought of the boys, especially Dean. The kid would be destroyed if Caleb had to face trial, and Bobby was not looking forward to being the bearer of bad news.
The judge thought the prosecution proved probable cause, especially in regards to the kidnapping charge.
Caleb was usually a strong person, and an excellent hunter, and someone who was normally brimming with self-confidence, but ever since his arrest that part of him had started to slip, only to be replaced with someone who was tired of the hits that kept coming his way. He was exhausted of being stuck in jail all day long, day in and day out.
"So you're headed to trial, then," Bobby surmised, shaking his head in disbelief.
Yeah, the opening arguments aren't supposed to start for another three weeks.
It wasn't great, but it wasn't awful either. At least he didn't have to wait an outrageous amount of time before he could get his day in court. Of course, Bobby would have preferred him not to have to go through that at all.
"How long is the trial supposed to last?"
Depending on the charges and the amount of evidence to sort through, Bobby knew that it could be anywhere from a few days, to a few weeks to even a few months, and he couldn't imagine having to sit down and have that conversation with Dean.
Dawn only thinks a few weeks.
"Well, that's not too bad."
I guess not, but I just feel like this is the beginning of the end, he admitted, and Bobby could hear his voice start to crack on the other end of the line, and it broke his heart.
"What...what do you mean?" Bobby asked, as he leaned against the counter.
I might be able to beat the abuse and neglect charges, but the kidnapping one is almost a lock for the prosecution. It's right there in front of them, and all they have to do is make a jury believe the same thing they do.
"Well, you don't know what they'll believe."
It's pretty easy to guess right now. Listen, can I talk to Dean first? Then I need to talk to Sammy.
Selfishly, Bobby was glad Caleb was going to be the one to inform the boys of what was happening. He considered himself to be a ruggedly strong person, but it was these kinds of things that nearly did him in.
"Of course." One of the perks of him having phone rights now, was that he was able to converse regularly now with the boys, and they both loved that time with him, even though he couldn't be there physically with them yet. "Dean," he called, holding the phone away from his ear. "Caleb wants to talk to you."
It only took a few seconds for the thirteen-year-old to appear in the room, as he held out his hand expectantly for the phone. It was the highlight of his day whenever Caleb was able to call from the jail, and while he hated to be in the position of having to talk to his guardian like that, at least he was able to do that at all.
"Hey," he said, as he situated himself on the island chair. "What's up? How did the hearing go?"
It-it didn't go so hot, bud.
"What do you mean?" Dean demanded, feeling his hand clench tighter around the phone in direct response to the anxiety that was assaulting his senses.
The judge thought the prosecutor proved probable cause in relation to the kidnapping charge, and he agreed to send the case to trial.
Dean bowed his head against the pain he was feeling, as he scrubbed an arm across his face to catch any of the irksome tears that were pushing for dominance right then. "So what does that mean? When is the trial going to start?"
In about three weeks, Caleb said carefully.
"I can't believe this," Dean said incredulously.
I know the feeling, but it was something I was trying to brace myself for, and it's happened.
"And are you ready?" Dean asked.
Hell no, Caleb said, with a small laugh. It will be alright, Dean. I believe that, and I need you to, too.
"It's kind of hard right now."
Everything in their lives had continued to screw them over. If it wasn't Jim dying, it was Sam being in danger, and now Caleb going on trial for the first time in their lives, and for something that wasn't even his fault.
I know, but Dawn is planning a strategy as we speak. If it's good, and the jury buys it, we could have a serious chance at winning this.
"Yeah," Dean said with a hopeless shrug. "How does she plan on beating the kidnapping one?"
She's going to bring up the argument that the person that's been harassing Sam, is still out there and I was only trying to protect you two from the chance of being taken again.
Dean nodded, bringing his shirt up to his eyes. "Okay. Sounds good."
