*Author's Note*
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Randall & Sally On The Witness Stand
Nova POV:
I felt nervous and my palms were sweaty as I stood in front of the court, ready to question Randall in mere seconds once he was done being sworn in. Oh god, I had no idea how the stubborn man would react, but I'm praying he doesn't have an outburst that puts him in contempt.
"I do." Randall swore on the bible before promptly taking his seat.
Well, here goes nothing. "For the record, sir, please state your name."
"Rand'l McCoy." He simply answered me. The look in his eyes showed that he was ready to answer any and all of my questions.
"Mr. McCoy, you raised both Tolbert and Pharmer in the church, didn't you?" I asked Randall, deciding to go in an angle that'd ensure that he could paint his boys out as good God fearin' men.
"Yes, I did, but ya already know that. Hell, everyone in this 'ere courtroom knows that." Randall told me with a tiny bit of an attitude in his tone. Oh hell…
"Uncle Wall, the witness is getting out of hand." My husband dryly told the judge, most likely as an attempt to get Mr. McCoy thrown into contempt.
Pointing his gavel at Mr. McCoy, Judge Wall warned, "McCoy, another snide answer and I'll put ya in contempt." Randall nodded at the judge while narrowing his eyes at him. Yea, he wasn't pleased abut the contempt treat. Oh boy, I need to ask these questions fast otherwise Randall might blow and show the court where Tolbert gets his stubborn temper from. Pointing to me, Judge Wall said, "You may continue, Nova."
I nodded at my uncle-in-law before asking Randall, "You had your boys in church every Sunday as a child, correct?"
"Yes." The stubborn McCoy simply answered.
"So, now as grown men, do they attend church services regularly?" I asked, knowing his answer would make the jury happy since most of them were regular congregants of Reverend Garret's services.
"Yes, they're there every Sunday." Randall confirmed with a nod.
"And you sit as a family?" I asked, to further prove a point that the McCoy boys were family oriented.
Playing right into my hand, Randall answered, "Yes, we do."
"So, is it say to say that you raised your boys into good God fearin' men?" I asked even tho my remark was more of a statement then a question.
"Yes." He firmly answered, causing the jury to perk up at his words.
"Did you also raise them to be productive, hardworking men?" I asked, knowing that the jury would like his answer since hard work was greatly valued in the Kentucky hills.
"Yes, I did." Randall told me with pride in his voice.
The jury was paying their full attention on Mr. McCoy, so my next question and to be one that'd bring home those hard-working values. I asked the simple question of, "And how did you do that, Randall?", since I knew the jury would side with my clients upon hearing the answer.
"By havin' them do chores and work the family farm." Randall answered, causing the jury to perk up and nod in approval.
"So, you taught them the value of both faith and hardwork?" I asked, wanting Randall to confirm everything that was just asked and said so that the jury would stay on our side.
"Yes, I did." Randall nodded. "My boys work hard for a livin' and are faithful to god."
"That's a good thing, isn't it, Randall?" I asked, wanting to pull this topic out a little longer so that Randall could continue winning over the jury.
My husband stood up and waved his hand at ma while barking, "Objection. She's stalling, Uncle Wall."
Judge Wall looked at me and said, "Nova, please ask more suitable questions otherwise I'll have to hand your witness over to the prosecution."
Oh, of course Cap objected to my strategy and had his uncle put an end to it. Just my luck. Seems I just need to redirect my focus onto something else, like Tolbert and Pharmer's closeness. I just nodded at Judge Wall before turning back to Randall and asking, "How were Tolbert and Pharmer as boys? Were they close?"
"Yes. Actually, Tolbert always was closest with Pharmer; in turn they were protective of Bud too. Three peas in a pod, they was." Randall told me in a tone that was a bit reminiscing. Well, it's certain that the jury's looking at a proud poppy today.
"So, if Tolbert was to get into a fight that was too much for him to handle, is it safe to say that his brothers would join in to help him?" I asked in order to paint a picture that, with Randall's answer, would have the McCoys' part of the fight look better then it was.
"Yes, they'd help 'im and vice versa." Randall nodded.
"Because they're good, caring, and protective brothers. Right?" I asked even tho it was more of a statement.
"Yes, Ma'am, that's right."
"And you raised your boys with high morals?"
"Yes, I did."
"And these morals would include taking up for those in trouble or need?" I asked, knowing that Randall and Sally always preached to their sons to help those that needed it. I knew that his answer would help the case.
"Yes. They were raised t'always lend a helpin' hand." He answered, causing the jury to nod and take in his words in a way that placed them even more on our side.
"Including in a fight that they felt, for example, their brother needed help in?"
Cap rolled his eyes at me before rising to his feet and objecting. "Objection, she's rephrasing something she already asked."
Tilting his head at me, Judge Wall warned, "I'll allow the answer, but after this if the rest of the questions are going to be like this, I advise ya to yield to the ADA, lil missy."
"No need, I'll strike the question and let Cap have his turn with my witness." I told the judge before turning around and going back over to the defense table.
"Think Cap's gonna go hard on poppy?" Tolbert asked me as soon as I took my seat next to him.
Watching Cap rise from his seat and stride over to the witness stand like a predator stalking its prey, I sighed, "Yea. I think he's going to get a rise out of your poppy or at least try to in order to showcase the McCoy temper."
"Oh hell…" Tolbert sighed, shaking his head in defeat. He knew, just like I did, that if Randall lost his temper then we'd lose all the progress we made with the jury.
"Randall, you better stay calm my old friend." I heard my uncle mutter under his breath as Cap stood right in front of Randall, giving him a smug, but hard look.
Cap went right up to the witness stand and leaned an elbow on it. With a collective, but confident look on his face, he asked Mr. McCoy, "Randall McCoy, you raised your sons with an iron clad fist and with discipline, Didn't you?"
"Yes, I did." Randall simply answered.
A crocodile like smile crossed over my husband's ruggedly handsome features as he asked, "And, how might I ask, did you discipline them when they misbehaved?"
Oh shit, here goes the entire case up in flames. Yep, my husband's going to tear apart the whole spare the rod spoil the child thing.
"Why with a firm belt lashin'." Randall answered, much like I knew he would.
Pulling his arm away from the stand and backing up a few paces, my husband asked, "Oh, so then you disciplined them with corporal punishment? Or should a say a belt to the face, whackin' over and over again til they're runnin' away or bloody screaming?"
"Nothin' wrong with beltin' misbehaved chil'ren. Teaches 'em respect."
"No, Mr. McCoy, it doesn't." Cap firmly stated before turning to the jury and adding in, "Psychological studies show that corporal punishment, spanking and whackin' children with belts, does not do them any good. In fact, it makes a child more prone to aggression." Turning his attention back to Randall he gave him a smug look and asked, "So, it's to say, that because of all of your beltin' of your sons while raising them they grew up to be hotheaded? They grew up thinking that hitting and violence was a natural part of life, since when they upset you or did something bad you beat them in the face with your belt. Isn't that right, Randall McCoy?"
"No!" Randall shouted, his face shaking angrily. "NO!" He roared like an angry lion. "You're twistin' everythin' up, but that's what I should expect in a Hatfield court!"
Judge Wall gave Randall a hard-pointed look while ordering, "Randall McCoy, shut up or I'll find you in contempt."
"He's not gonna shut up, is he?" I asked Tolbert while all of us at the defense table watched in horror as Cap baited Randall.
"No." Tolbert sighed, his smoothly gruff tone holding a sense of dread in it.
"Poppy's got that look he gets when he goes off rantin'…" Pharmer informed us in a trailed off and nervous sigh.
Standing up, Randall went on a crazed rant. "I ain't shuttin' up! It's high time folks knew how corrupt this trial is from the Hatfield ADA right down to the Hatfield judge! My sons are bein' tried fot murder not cause they did anythin' othe then self-defense, but cause their name's McCoy an' the man that died's the close kin of the Hatfield courts! MY sons are not guilty til proven! They're innocent, innocent I say an' the Hatfields curts want ev'one to believe otherwise!"
"Randall McCoy, I do hereby find you in contempt!" Judge Wall shouted as he angrily banged his gavel. Looking at the bailiff, he ordered, "Lock him up."
"Ya can lock me up just like yaw anna do wit' my boys, but I ain't ever shuttin' up! This trial is an abomination, a dirty unholy way t'hurt my boys in revenge at the hands o'blood hungry Hatfields!" Randall ranted and raved as the bailiff drug him off kicking and screaming, like a toddler having a tantrum.
"Court's dismissed for 45-minute recess. Now, everyone get the hell outta my court." Judge Wall ordered in a loud bark before banging his gavel, officially dismissing the court.
After Judge Wall declared a 45-minute recess I found myself sitting outside of a local coffee shop with Tolbert. Since I was pregnant, I was sipping on green tea frappe while Tolbert was drinking a tall black coffee of a dark roast variety. Ussually he put a tinge of cream in it, but reckon with how the trial's already a stress inducing shitshow right out of the gate he felt the need for straight black coffee to give him an energy boost with in order to deal with the rest of the day. We were also sharing a breakfast pastry too. We extended our invitation out to Pharmer, but he declined and decided to just hang around with my Uncle Perry instead. I didn't mind being alone with Tolbert tho. In fact, in a way, it made me want to fight harder to clear his name.
"How long ya think poppy's gonna be in contempt for?" Tolbert asked, placing his foam cup down and breaking a piece of the cherry Danish off and popping it into his mouth.
"Prolly til the end of today's part of the trial." I told him, breaking a piece of the Danish off for myself.
"Poppy's outburst didn't do me or Pharmer any good, did it?" Tolbert asked, breaking off another piece of Danish while I popped my piece into my mouth.
Quickly, I chewed my cherry pastry before answering with, "Honestly, no, it didn't."
"Ya callin' mama up next, right?" He asked as we both reached for our cups.
"Yea, why?" I asked before taking a sip of my green tea frap.
"Just try to be easy on her. This, ya know havin' her sons tried for murder, is hard on her." Tolbert told me between sips of his dark roast coffee. Sighing, he placed his cup back on the iron wrought table and confessed, "I think she's ready t'snap."
"I promise, I'll go easy on her, Tolbert." I assured my client turned short time lover as I sipped on my tea.
While breaking off a piece of cherry Danish, he sighed a bit uneasily, "I don't know for sure, but I think I get my mental problems from ma."
"What? You think she has depression or something?" I asked, a bit taken back, as I held my cup with a shaky grip. It makes sense if Sally had some issues, really it'd explain a lot about how Tolbert seemed to get a chemical imbalance in his brain. I mean I know mental illness can be hereditary so…
"I think so. I mean she's always quiet an' always been a bit different then other mamas. Like she'll say the weirdest shit; go in an' out of melancholy moods too." Tolbert explained while picking pieces off of the Danish and eating them.
"You're afraid testifyin's gonna push her over the edge." I stated, not asked, as I gave my childhood sweetheart a look full of understanding and sympathy.
"Yea, I am." Tolbert nodded, his voice a bit tight and nervous sounding.
"Well, I'm not gonna lie and say that Cap'll be nice to her cause I doubt that he will. Being cross-examined by him might send her over the edge with how hard he presses."
"Pray that don't happen." Tolbert seriously told me as he picked up his coffee. Before sipping on it, he sighed, "Last thing poppy needs is his sons on death row and his wife in the funny farm cause she went over the edge an' cracked up."
Looking down at my frappe and up at him, I sighed empathetically, "Tolbert, I'm sorry, but I don't know what to tell you. Uncle Perry talked to Sally; she wants to testify so she's named as the second witness for the defense."
"I know darlin'. It is what it is." Tolbert sighed, sippin' on his coffee as a dull look formed in his stormy blues.
Once the court resumed Sally was called up to the stand. The middle-aged woman who I'd known to be like a mother figure to me growing up was calmly sitting down, waiting for me to ask her the first question that'd start the whole testifying process. Dear god, I hope she can make it thru all the questioning.
I stood in front of Sally and instructed in a kind, but professional way, "State your name for the record, ma'am."
"Sally McCoy." She answered in a simple and factual type of tone.
"And you're the mother of the defendants, Tolbert and Pharmer? Correct?" I asked, more for clarity since I needed it recorded that she was indeed their mother so I'd be able to ask other things.
"Yes, that's correct." Sally nodded.
"Well, would you say that you raised your sons in a warm and loving home?" I asked, knowing that her answer would open up a door for me to save the day with.
"Yes, I would." Sally nodded with a thin, but warm, smile on her face.
"Please, if you would, tell me how you raised your sons?" I asked with a kind tone to my voice.
"I raised my sons same way I was raised by my mother. With love an' a sense of right an' wrong. I raised them to be fine young men that'll give anyone the shirt off of their backs." Sally answered, causing the jury and most of the people in the courtroom to smile or react positively.
"But, Sally, it seems that some people would highly disagree given the reason we're here. Why are you so certain that your boys are kind young men and not vicious ones?"
"They were raised to never start fights, but to end one if started. I assure ya, Tolbert was provoked and shoved by Ellison; his brothers only joined in to help him so he wouldn't get bad hurt."
"Did Pharmer get into a lot of fights growing up?" I asked, assuming her answer would be no since I don't ever remember him fighting when we were kids.
"No, he didn't." Sally shook her head.
"But Tolbert did, didn't he?" I asked, not because I wanted to, but because I had to.
"Yes, but he only got into a fight when provoked or picked on. He never started them, just finished them." Sally told me, giving me a way to down play my ex's fighting. Hell, I knew her words were bullshit, but I also knew that they'd save her son's ass too.
"Can you provide an example of one such incident?" I asked, hoping she'd bring up the time her son saved me from some assholes at church.
"Well, you already know this story since you were a part of it, but when some bullies were picking on you at a church picnic Tolbert jumped him and shoved them away from you. If he wouldn't 've pushed them away they would've seriously hurt you more than just throwin' sand in your eyes." Sally answered, causing me to inwardly smile since I wanted her to use that particular incident.
Cap didn't even bother standing up, he just shook his head and barked, "I object, the witness can't collaborate with counsel on a testimony."
Turning to my uncle-in-law, I told him with as much innocence as I could muster, "This wasn't a collaboration. I had no way of knowing that the witness would use that incident as her example to answer my question."
"The jury will disregard Mrs. McCoy's remark." Judge Wall instructed the jury box before looking over at Sally and instructing, "Answer Mrs. Hatfield's question without using her in it, Mrs. McCoy."
"Tolbert once got into a fight over his sister's honor when somebody heckled her about her teenaged unwed pregnancy." Sally answered. Oh, I bet that was quit a zinger for my in-laws since everyone knew that Johnse Hatfield was Roseanna's baby daddy.
"So, Tolbert's only ever fought for people? To help defend them against a bully, right?"
"Yes."
"So, then Sally, can you explain how he got into a fight with Ellison at a harvest festival?" I asked, hoping that Sally's answer would paint her sons in a good light.
My husband jumped to his feet and roared, "Objection. This witness wasn't there to see the fight; anything she says is hearsay and can't be used in open court as testimony."
"I retract my question." I told my uncle-in-law before asking Sally, "How would you describe your sons?"
"Pharmer's a good boy. He's smart and a good worker. He enjoys comic boys and wouldn't hurt a fly." Sally told me while looking at Pharmer. Her eyes scooted onto Tolbert as she went on to say, "Tolbert, now he's my favorite. He was always a loud and bold boy, even as a baby, but he has the biggest an' most protective heart. He'd do anythin' for his family an' friends. He's smart, in both common sense and books tho many don't think so. He's also got a good head for business an' he's a very carin' poppy. He'll stay up all night tendin' to his sick child then go out an' work a hard day t'provide for her. Out of all my sons Tolbert's the one I'm most proud of."
"Your sons sound like good boys." I softly smiled.
"Oh, they are." Sally agreed with a smile on her own.
"I'm done with this witness. The ADA may cross-examine if he wishes." I told the judge before turning my back to the stand and going over to the defense table.
"Cap, you gonna question Mrs. McCoy?" Judge Wall asked my husband as I took my seat next to Tolbert.
"Yes." Cap simply said with a smug look before rising from his table.
"Oh hell, he's gonna be hard on her ain't he?" Tolbert asked me under his breath as Cap swiftly made his way over to the witness stand.
"I think so." I whispered back.
"Poor mama, he's gonna push her like he did poppy." Pharmer informed us while my uncle just shook his head and sighed. Clearly, Uncle Perry was dreading Sally being cross-examined by my husband. Did my uncle know about Mrs. McCoy's delicate psyche?
Coming to a stop right in front of Sally, my husband asked, "Mrs. McCoy, since you raised both Tolbert and Pharmer, it's safe to say that you patched them up after fights? Right?"
"Yes, I did." Sally nodded.
"What kind of wounds would you say that had? Defensive or aggressive ones?"
"They had bruised knuckles, split lips, gashes, other bruises. Just wounds from scraps and fist fights."
"But there's no way to know for sure if they got them from starting a fight or from trying to end a fight? Isn't that right, Mrs. McCoy?" Cap asked, causing the jury to put their attention on him. Hell, he sure did know how to spin a case to suit him.
"No, but my boys are truthful and they always said they never started any fights they were ever in." Sally answered strongly.
"Oh, yes, of course you'd say they're truthful since they're your sons, but in fact since you're their mother that makes you biased. Isn't that right, Sally?" Cap asked as a way to poison the jury against Sally.
"No, I'm not biased. By boys are good, honest, young men that don't go lookin' for fights. They only get in them if they have too."
"Oh, yes, like getting into a fight with a man that was breaking up a verbal altercation between your hot-headed son and Lias was necessary. Like fighting and killing Ellison was necessary when all the victim was doing was trying to prevent your son from attacking somebody." Cap ranted, his eyes coldly boring into Sally with such hate that she was leaning back and cowering a bit in her seat. "Admit it, Mrs. McCoy, your son's just fight for the hell of it. Especially when the one they're fightin's a Hatfield."
"Objection! Witness badgering." I exclaimed, jumping out of my seat while at the same time Uncle Perry jumped up and shouted in his slick tone, "I object, the ADA is badgering the witness!"
"Noted." Judge Wall deeply scoffed. Giving Cap a pointed look, he ordered, "Ask her a question or move on, Cap."
"Do you really know if your sons fight to defend the weak or are you just saying that because you know that they're hot-headed, particularly Tolbert, and you want to see them get aquited?"
"No, I'm not just saying it. I meant it, my boys are good and only ever help people." Sally told Cap as her voice began to falter a tiny bit under the pressure of his questions.
"But they fight, which isn't very good or peaceful, now is it, Mrs. McCoy?"
"My boys-" Sally began only for Cap to interrupt her with a loud, "Answer with a simple yes or no, Sally."
"But it's not somethin' I can simply answer in yes or no, Hatfield."
"Sally, just tell me what I want to know or I'll treat ya as a hostile witness." My husband threatened the sweet woman that was only seconds away from cracking up on the stand by the looks of her shaking hands and quivering lip.
Suddenly, her eyes glazed over and a strange look crossed her face. Oh god, she's losing it. She's fuckin' losing it. Sally craned her head and pointed a finger at Cap while hissing out in a very monotoned and eerie way, "I'll tell you what you don't want to know, but need to know, Cap Hatfield. You'll never live long 'nough to see your son's third birthday, but instead another shall see it along with callin' your son and wife his."
"Get this crazy bitch off the stand, now!" Cap shouted as his chest heaved up and down. His face was drained off all color, as if he'd just seen a ghost.
"Oh, I ain't crazy, just tellin' ya what I've seen in your future, Cap Hatfield." Sally lowly seethed at my husband. She had an odd look in her eyes, one that creeped me out.
"Told ya she ain't like other mamas." Tolbert sighed while Sally and the baliff disappeared thru the door behind the witness stand.
"Courts adjourned til 9am tomorrow." Judge Wall banged his gavel while giving a shout of, "Dismissed!", to officially end the court day.
Well, in hindsight, maybe having Randall and Sally testify wasn't a good thing after all.
Cap stopped me in the hall before I could exit the courthouse, requesting that I meet him at Steak 'n' Shake for lunch. That's why I'm currently sitting in a window booth across from my husband, sippin' on a chocolate banana shake while waiting for my double bacon steak burger and fries to appear. Cap looked a bit shaken up from the incident with Sally. He wasn't really drinkin' his chocolate shake, but was more so playing with it by stirring it with a spoon and occasionally eating a bite here and there from the spoon.
The air between us was very thick and tense. So much so that a butter knife could easily slice thru it. Neither one of us wanted to bring up what happened in court, so we just remained quiet. Hence why the air between us was so heavy.
It was clear that Sally's rambled, but eery, nonsense shook us both. I found it odd and creepy that she was making a threat and/or prediction about my husband's future while I'm sure her words angered Cap, but also made him feel a bit fearful about what lies ahead for him. Did Sally know something we didn't? Would her family get revenge on Cap if Tolbert and Pharmer got locked up for a death sentence?
Hard to tell, but Sally's words were creepy to say the least. Oh lordy, Tolbert wasn't lying when he said his mom wasn't normal; that he thought she's where his mental health issues came from.
"So, how're you feelin'?" Cap asked, slicing the tension in the air, before shoving a spoonful of his thick chocolate shake into his mouth.
Sipping on my shake, I simply told him, "I'm fine."
"Good." He replied while scooping out some more of his shake with his spoon.
"How're you?" I asked while watching my husband eat another spoonful of his shake.
"Fine." That's a lie.
"You're fine even tho Sally McCoy called you out with some creepy threat?" I asked, placing my shake down on the table.
"Yea, said I'm fine." Cap nodded. Stirring his shake, he went on to say a bit defensively, "Hell, ain't the first time I've been threatened by a McCoy and it won't be the last. Just the way it is when you're a Hatfield."
"Oh…"
"So, how many more witnesses are you and Perry callin' up?"
"I'm not telling you that, Cap."
"Why not?"
"Cause I don't need you hunting them down and doing witness tampering, that's why not."
"I wouldn't do that. That's more of something your uncle'd do." Cap scoffed right as our waitress started to make her way over with our burgers. "So, how's stayin' in a hotel?"
"It's okay." I lied, since I wasn't in a hotel at all, but staying with Tolbert instead, while our waitress came up to our table.
"A double bacon steak burger with fries." Our waitress (who couldn't be older than 18) smiled as she placed my food in front of me. "And a triple steak burger with the works and fries for you, mister." The ombre blonde teen told my husband as she placed his plate in front of him. "Just wave me down if ya'll need anythin'. Enjoy." The girl, whose nametag read Lee, told us before walking off to go check on her other tables.
"I gotta get back to my office after this, but I assume you'll be headin' back to where you're stayin'." Cap remarked while opening up the bottle of ketchup and pouring some on his plate.
"Yea." I nodded, taking a fry and dipping it into my milkshake.
Cap put some ketchup on my plate before screwing the cap back onto the glass bottle and setting his down. Picking up his large burger he told me, "If you get a chance, once Randall McCoy's out of contempt advise him to admit Sally into the Pikeville Medical Center on a pysch eval." Before taking a bite out of the triple burger, he scoffed, "That woman was losin' it on the witness stand; needs some professional help."
I didn't say a word, just nodded and continued to dunk my fries into my shake. God, I hope tomorrow's better then today.
AN:
Well, wasn't that a shitshow day in court? How do you guys think the next day's gonna go? Hopefully better… And of course Sally got all creepy and went into seer mode...