Tom watched as Kern was led away. He could no longer hear him, but Kern continued to beg for forgiveness as he was pulled down the hallway. Tom hung the phone up, stood, and walked away.

Tom lay awake in the dark, staring up at the ceiling. It wasn't necessarily the events of the day…the trial, suffering through the testimony, seeing Marvin Kern…or even the anticipation of being called to the stand the next day that kept him awake. The truth was that he had not been sleeping well for days…weeks even…not since Lee Eckert's arrest.

He had thought that having Eckert off the streets and secured behind bars would give him a sense of relief. But all it had done was remind him that soon this would all be finished. Soon there would be no more evidence, no warrants, no arrests, no trials, no convictions. And then what? It would be "over"? He was supposed to move on with his life? He had no idea how he was supposed to do that. Dr. Hirsch had promised to help, and he believed the man, but at this point he couldn't even imagine how he was going to live "normally" again. And with the end of this ordeal in sight he was becoming more and more anxious about it.

The next morning, after what he figured was a total of 2 hours of sleep, albeit not continuous, he finally gave in to his mother's demands that he eat something. She was not pleased, however, when he opted for a slice of toast over all of the heartier choices she offered to make for him. Nor was she pleased when he snapped at her about it.

He felt bad about that. He really did, but every little thing this morning was wearing on him. She asked him several times if he was okay, and he tried his best to respond civilly…to tell her he was fine. But when she told him she was ready to go and would be in the car and he snapped at her again, she finally asked, "Would you rather I not go?" thinking that maybe he was embarrassed to have her be there when he testified.

Tom sighed, exasperated. "No, Mom, that's not it. Of course I want you there!" He sighed again, collected himself, and said, "I'm sorry. I'm just…I'm sorry."

She looked at him sympathetically. "I know," she said finally. "It's going to be okay."

"Yeah." He nodded and looked down. "I'll be right out, okay?"

"Okay," she said, then stopped short before asking again if he was all right. She grabbed her keys and purse and went out the front door.

Tom stood for a moment in the silent, empty room, then sank down on the couch, his face in his hands, and wept. He hadn't cried in a long time, determined to holdup through this process. And he definitely did not want to worry his mother any more than she already was. He appreciated her concern and how she was taking care of him, but he longed for the day when he could be back in his own home and take care of himself again.

Sitting upright, Tom wiped the tears from his face and took a deep breath. He got up and went to the bathroom where he splashed cold water onto his face. He looked at himself in the mirror and sighed before drying off and heading out to the car.


"This first part should be easy, Tom."

Tom shot a hard look at D.A. Scott Hayden.

"I mean…compared to the cross-examination," Hayden explained. "Come on, Tom. I know this isn't easy…I do. But you've got to stay with me on this and trust me. It's going to be okay."

Tom relaxed a little. "I know…I know. Okay, what else?"

"I want you to go into as much detail as you can while I'm questioning you. I know that's going to be difficult, but the more details you can give the harder it's going to be for them to say it didn't happen."

"They'll say it anyway," said Tom.

"Yes, they will. They'll say a lot of stuff. But that's later, okay? And I'll take care of it. Let's focus on getting through your testimony." Hayden sounded more stressed than he looked.

Tom looked at the D.A., wondering if he had had a restless night as well. He sighed. "Details. Okay, what else?"

Hayden sat down in the chair across from Tom so he could look directly at him. "I need you to hold it together so they know you're telling the truth. But…there has to be some emotion. Too much and they'll think you're faking it…maybe desperate to get back at Eckert for something. Too little and they'll think it didn't happen at all…you're being calculating…lying."

Tom started at the man. "I'm not sure I can remember all of that, let alone do it."

"From what I've observed of you so far, Tom, you'll do fine." Hayden smiled, but it looked forced. "It will come naturally and honestly, and they'll believe you."

"If you say so."

"I do say so. I do this for a living, Tom. I've seen it all, and I know how to read people. You'll do great. Just follow my lead, look directly at me…don't get distracted by anything or anyone else in the courtroom…just talk to me…answer my questions, and if we're interrupted just hang tight and let me handle it."


Tom stood up when his name was called and stepped out of the row of seats, leaving his mother flanked by Doug and Captain Fuller. He focused his eyes on the stand in front of him as he approached. After being sworn in, he sat and did as Hayden had instructed…directed all of his attention to him. But despite his best efforts, out of the corner of his eye he could see Eckert sitting at the defense table, an innocent look on his face.

"Officer Hanson, you heard the testimony yesterday of Officer Penhall regarding the evening in question, did you not?" asked Hayden.

"Yes, I did," Tom answered.

"Would you please tell the court what happened after he dropped you off at your apartment?"

"He uh…I watched him drive away, and then I started to go into my building, and…" Tom sighed, resigned to pushing ahead with this. "Somebody grabbed me from behind…one hand over my mouth and an arm around me. They pulled me backwards, fast, around the corner and pulled me into the back of a car. I was on the floor…face down. There were two guys in the back."

"You were face down on the floor," said Hayden. "How could you tell how many there were?"

Tom looked at the D.A. as instructed and answered, "I could feel their feet on me, keeping me down. I tried to look up once and got a kick in the head for it. So I stayed down."

"How long were you in the car?"

"It was hard to tell. I was trying to keep track of how far we went and the turns and everything…but I lost track. It was about half an hour, I think."

"Did they say anything during the drive?"

Tom shook his head. "No."

"Okay." Hayden nodded as he paced in front of the witness stand. "Go on. What happened next?"

"The car stopped. Someone got out of the front, and both of the back doors opened. One of the guys in the back pulled me out and onto the ground. Before I had a chance to look up or move…they started kicking me…a lot…all over. I just…I couldn't get away from it…so I just took it. Then they…um…" Tom paused and looked down at his hands. He licked his lips, took a breath, and looked back at Hayden. They…two of them…they pulled me up and dragged me over…to uh…"

"To?"

Tom cleared his throat. "It was Lee Eckert. He was…I was on my knees…they were holding me…and he was standing over me."

"You recognized him?" asked Hayden.

"Yeah…yeah…and he just started punching me in the face…over and over. I was…there was a lot of blood…then…on my face."

"Did he say anything to you?"

"Yeah, he…um…" Tom licked his lips again, but his tongue was dry as well. He reached for the cup of water on the stand and took a drink. As he put the cup back, he noticed that the hand holding it was shaking. "He said a judge let him out of prison. That…um…he learned a lot in there, and…he wanted to teach me some lessons." He looked down again.

"Then what happened?" asked Hayden.

Tom looked up. "He told the other guys to hold me. They pulled me up and he just…started beating on me again. They finally let me go…and I was on the ground. I tried to crawl away from them, but he was kicking me in the back and then the head. Then I passed out…I don't know for how long, but when I woke up…I couldn't see them…but I could hear them. I tried to stay still…quiet…but…I was having trouble breathing. I hurt all over…I was trying not to move…but there was blood…and dirt…in my mouth. I started choking…coughing…and they heard me. They came and got me again."

Hayden walked over to the stand and looked at his witness. "What happened next, Tom?"

Tom looked at him…into his eyes…and felt the silent encouragement coming from him. He took a deep breath and continued. "He had me up against the car."

"Lee Eckert?"

"Yes. He threw me face down over the hood. The others came over and…they were holding me down. He put a rag or something…in my mouth…and tied it there with rope. It was…tight…filled my mouth…I…I couldn't breathe very well. They were leaning on me, and they pulled my arms behind my back and tied my hands together. He turned me over on my back…and started…he was touching me…"

"Touching you how?" asked Hayden.

Tom closed his eyes briefly and slightly shook his head. "He…uh…was putting his hands all over me...and…licking my face…my neck…biting. He started to um…undo my belt, and…I tried to get out from under him…screamed. It made him mad."

"Counsel," interjected the judge, "we're going to need to take a recess soon. Please find an opportunity in the testimony for a break."

"Yes, Your Honor," said Hayden. "Tom, you said it made him mad. What did he do?"

"He started yelling at me to shut up…stop moving. He slammed me against the car again…yelled at the guy holding me to get away...then…" Tom stopped to collect himself, his breathing shaky.

"Then what, Tom?"

"He um…he had his hand on my throat…pushing down. I couldn't breathe…he…put a gun to my head…told me to stop moving or he'd…blow my head off." Tom looked up at the D.A. "So I stopped moving." He looked down again.

"Okay…okay…thank you, Tom," said Hayden. "I think this is a good time for a break."

Judge Andrews announced, "Court will recess for one hour."

Hayden and Tom stayed where they were until the jury filed out and Eckert was led from the room. As Tom left the witness stand, Hayden said to him, "You're doing a good job. How do you feel?"

"Fine," Tom answered as he kept walking toward where the others were waiting. Fuller suggested that they go to the coffee shop across the street and take a break, and the group, minus the D.A., left the courtroom.


Tom and Fuller sat at a table while Doug and Margaret went to the counter to order. After a moment, Fuller spoke. "How are you doing?"

"Huh?" said Tom, jumping a little.

"I asked you how you're doing," said Fuller, looking concerned.

"Oh yeah. Yeah…okay. I'm okay."

"Well…you seemed to be holding up well on the stand."

"Did I?" Tom looked at the captain.

Fuller started to say something, but stopped as Tom's mother and Doug reached the table, coffee and -muffins in tow. Tom sat silently as the others ate and drank and talked, making observations about anything and everything except the trial.

"Tom," said Margaret, noting his shaking hands, "you should eat something."

He bit back a sarcastic reply and gave her a weak smile. "I'm okay, Mom…thanks."

She looked at him with sad, worried eyes, knowing it would do no good to press him on this.

"Hey, uh…" said Doug. "I'm ready to head back. Tom, you wanna…?"

"Yeah, I'm ready," Tom answered as he got up from the table and headed for the door.

"We'll see you guys over there," said Doug to the captain and Margaret. He ran out the door and shouted, "Hey, wait up!" to Tom who was already at the corner waiting to cross the street. He reached the corner and stood next to his friend while they waited for the light to change. He cast a sideways glance at Tom without saying anything.

"What?" asked Tom.

"Huh? What what?"

"What are you thinking, Doug?"

"Oh…yeah…just uh…are you sure you're okay? I mean, you're kind of shaky and…"

"Ya think?" said Tom as he started to cross the street. "Wonder why that is? You were in the room, right?"

"Yeah," Doug said as he followed his partner across the street. "You gonna be okay getting through the rest of today?"

Tom stopped short just after reaching the sidewalk in front of the courthouse and turned to face Doug. "Look, Doug…leave the worrying to my mom, okay?" He turned and went up the steps, leaving his friend behind. Outside the courtroom he ran into Hayden as he was heading back.

"Hey, Tom…did you have a good break?" the D.A. asked.

"Yeah…thanks."

"Look…uh…can we talk? Privately? In the conference room for just a few minutes?" said Hayden.

"I guess so," answered Tom, and he followed the man into the room.

Hayden sat on the edge of the table and Tom sat in a chair near him. "Tom, I was going to hold off on this until after court today, but…well, I don't think that's being fair to you."

Tom sighed and closed his eyes. "Shit," he muttered, then opened his eyes and looked at Hayden. "What is it now?"

"It's Kern."

Tom shook his head. "No…whatever he wants now, the answer is no. I don't care if he testifies or not."

Hayden looked at Tom. "He's not going to."

"Why?" asked Tom, laughing a small, disgusted laugh. "Because I wouldn't listen to what he had to say? Because I wouldn't forgive him?"

"Because he's dead. He hung himself in his cell last night."

Tom stared at the man without speaking, then got up out of his chair. "Yeah…um…" He looked around the room, then back at Hayden. "I gotta go."

"Tom..."

"I'll uh…" Tom ran a hand over his face. "I'll see you inside." He turned to leave and walked into the chair he had been sitting in, stumbling over it and catching himself by grabbing the back of it. He tried to push it out of his way, but it caught on the carpet and he stumbled further. "God damn it…" he uttered as he continued to struggle with the chair.

"Tom…"

Tom finally got a good hold on the chair. "Stupid fuckin'…" He picked it up and flung it across the room where it hit a podium, knocking it to the floor. "Stupid FUCKING son of a bitch!!" The way clear now, he gave the door a hard push and left the room.

Hayden stayed behind, knowing that the young man needed some time to pull himself together. He set the furniture back where it belonged and then went out to the hallway. He peered into the courtroom and saw Tom's friends and mother seated in the gallery, but there was no sign of Tom. Hayden looked around, and then acting on instinct headed to the men's room…the private one for court officials and trial participants. He opened the door slowly and saw Tom standing over a sink, leaning on it with both hands on the sides, panting heavily.

Tom looked into the mirror and saw Hayden at the door. He grabbed a paper towel and wiped his forehead and then his mouth, tossed the towel into a trash can, and said sheepishly, "I puked."

Hayden stepped inside the small room and watched silently.

Tom paced back and forth and then finally stopped, his back against the wall. He put one hand over his face and an arm across his middle as he broke down. He slid slowly down the wall until he was sitting on the floor against it, his knees drawn up, his head down as his shoulders heaved with the weight of his sobs.

Hayden went to him, kneeling down in front of him and placing a hand on his shoulder, squeezing it affectionately. "Hey…Tom…look at me." He shook Tom's shoulder a little and repeated. "Look at me."

Tom slowly looked up, his face streaked with tears, his eyes searching…pleading…for something…anything…to make this all better.

"It's going to be okay," said Hayden.

Tom shook his head. "Stop saying that," he managed to choke out through his sobs.

"It is. I mean it. Look…what if…hey, how about it we call it a day, huh?"

"Really?" Tom asked, disbelievingly.

"Really." Hayden nodded. "I'll go talk to the judge, then we'll start over tomorrow, okay?"

Tom tried to answer but was overcome with emotion again. He just nodded his head as he put it back down, crying.

"Okay," said Hayden softly. "Okay." He sat next to Tom, his back against the wall as well, and put an arm around the distraught young man. After a moment, Tom allowed himself to be pulled closer and leaned against Hayden, sobbing harder as the man put his other arm around him. "Okay."


Another big thank you to everyone who is still reading and especially those who drop a review or two. Hope everyone likes this one. :-) And I also appreciate everyone who has signed up for story alerts. I'd love to hear what you think as well!