It seemed unreal to Caleb that he had been in lockup for almost three months. Most days, the time passed in a boring blur of being locked in his cell, or being allowed out for exercise and food and then right back in. The one savings grace he had was that he was able to be out while his trial played out. And for the steps Dawn had taken to bolster his innocence to the court, and that included the lie detector test and the psychological exam. Both were nerve-wracking in and of themselves, but Caleb was at least relieved to know he had done well on the lie detector portion of the exams. Now, they were back in court. Dawn would not unleash the results to the courtroom until the final days of the trial.
As much as he hated to admit it, the trial was nearing its conclusion. In many ways, it was a relief. In other ways, it was terrifying. No matter what, he would have no choice but to accept whatever the jury came up with based on what they had seen and heard. If it was just his life on the line, he would not have cared much. However, he also had the boys to consider.
"Who does the defense wish to call as their next witness?"
It was the second day of Dawn's case: the previous day, she had called Dean as her first witness once the case had been handed over to her. It had been an emotionally charged day for Caleb, who had had no choice but to listen to the prosecutor tear Dean apart on cross, even though it wouldn't take an idiot to know how upsetting it was for Dean to have to endure. Now, he felt as though he could breathe without feeling the urge to jump up and defend the teen.
"The defense calls Dr. Whiter to the stand."
Dawn had talked to him about this witness: he was an expert in child psychology, as well as an expert in analyzing different pictures for the defense side. She told Caleb that, while, he may not be able to entirely dispute what the prosecution was saying, she was hoping he would be able to give the jury another story to focus on other than the monster abuser the prosecution was painting her client out to be. As Caleb watched the balding and graying man walk up to the bailiff to be sworn in, he tried to control the frantic pounding of his heart, as he finally took the witness stand. This was the one person who would possibly be able to contradict some of what the prosecution was saying, and he hoped that it would pay off in big ways.
"Please state your name for the record," Dawn said, as she approached the podium.
"Alan Whiter."
"And what is your profession?" Dawn asked, as she focused intently on the one witness that she was hoping would be able to annihilate the insane theories and stories that the prosecution kept spouting for the jury to hear.
"I am a pediatrician for Steele County Pediatrics."
"And you can also effectively examine photographs submitted into evidence for trials?"
"Yes."
"What is your experience in handling those kinds of photographs?"
"I went through training in observing different X-rays and photographic evidence at Harmony College."
"Alright, and so you would be able to tell if an arm has been broken or sprained, right?"
"Yes."
"And you would be able to tell me if a person or something else, caused a bruise or a break, correct?"
"Yes."
With that revelation, Caleb released the breath he hadn't even realized he'd been holding in, as he watched Dawn tackle this latest witness for them. If this man would be able to prove that the bruise marks went against what the prosecution was saying happened, it would be a major win for them, and an eye-opener in the eyes of the jury.
"So," Dawn said, as the bailiff handed the doctor the picture of Dean's bruise, the most severe one and the one that the case centered around. "With this photograph, would you be able to tell me if the arm had been broken or sprained?"
"Yes."
Caleb shook his head in complete astonishment. Not only at what this man was saying, but in genuine awe of how Dawn was, somehow, able to pull together these witnesses who had the power to completely unravel everything that the prosecution had so far spouted.
"And would you be able to tell me if the bruise marks were consistent with being grabbed or punched?"
"Yes."
"Okay," Dawn said, "so would it be fair to say that the marks on the arm, would be consistent with a bad fall on the cement?"
That would be the one question that would be critical for the man to answer. If it was consistent, that would automatically insert doubt into the jury's minds, and create another plausible story for what happened to Dean's arm, and back up his explanation for what had happened.
"Yes, that's entirely possible."
"How do you know?" she challenged, wanting to make sure she covered all her bases.
"The placement and the discoloration of the bruises would be in line with something like a fall happening."
"Alright," she said, "and would this type of bruise need medical treatment?"
"I would say so, yes."
"But it wouldn't be awful if it didn't get it?"
"No, it certainly wouldn't be fatal."
"Okay," she said, as she paced slowly across the room. "Would it be possible for a bruise mark like that to be caused by someone grabbing or punching someone?"
"No," he said. "Based on the coloring and bruising present on the arm, that would be impossible. When a human hand grabs an arm or a leg, or another part of the body, certain marks are nearly always present."
"Okay," she said, "and you're certain of this?"
"Yes. For someone to make a grab for someone and cause that amount of damage, it would have to be caused by someone inhuman."
The doctor had no idea just how true his words were, and Caleb couldn't believe that everything the prosecution and CPS had based their case on, was being thrown back into their face, as this man sat on the stand and refuted everything they had said so far.
"Okay," Dawn said, "and what about it being a possible break or sprain?" she asked, targeting another one of the more asinine theories that the prosecution and CPS had come up with. "Is it possible that the arm was broken from that bruise?"
"No."
Caleb shook his head in complete relief, and also incredulity.
"Why not?"
"The arm is not swollen, and the bruising on the arm is also not consistent with a break." Referencing one of the many x-rays that had been taken, the man pointed with his pencil, clearly in his element. "On this scan here, you can see these points on the upper arm, near the humerus, and they are consistent with a bad bruise, but not a fracture." Pointing to another area, he went on. "The bruising is near what we like to call, the Round Head, and you can clearly see there is no split in the bone or even splintering."
"What about the healing process? Could it have been possible for the arm to be broken, and for these x-rays to show the healing process?"
"No, because, again, there would be some indication of a prior break within the last six to eight weeks. The bones are perfectly uniformed and even. There is no sign of trauma."
"So you're saying," Dawn said, making sure she had locked the man into his opinion. "That it would have to be impossible for him to have obtained those bruises from a human being?"
"Yes."
"And it would be impossible for the arm to be broken?"
"In my professional opinion, yes."
"And it would have to be entirely possible for him to have gotten it from falling accidentally?"
"Yes. If I may, if Dean were to have fallen on his arm in just the right way, it would have caused significant bruising. Especially if he had fallen from a distance, or slipped hard enough that he did not have time to catch himself."
"No further questions."
"Hey."
"Hey," Dean said, as he looked up from the television program he was watching.
"Dawn's prepared to call her final witness."
Dean had been afraid of that-it had come down to the final day of the trial, and he knew he wasn't ready for it to end. It had been one thing to know of the charges against Caleb and the harsh penalty he was facing if he was convicted, but it was another thing altogether to know they were nearing the conclusion.
"She...is?"
"Yeah," Bobby said softly. "A child psychologist."
"So they can tell the jury that we never acted like we were being abused."
"Right."
Dean nodded, as he batted away fresh tears of sorrow. "Okay."
"Are you okay?" Bobby asked gently.
"Super."
