Chapter 18

Roy missed his next shift because of the charges filed against him but his Lawyer, a retired fire chief was able to argue at headquarters that being called in for a pretrial hearing did not equal charges being filed. Roy was allowed to return the following shift.

Roy found his station mates supportive and the night before the hearing Barney Olsen, Roy's lawyer, showed up at the station to give him a pep talk.

Barney also managed to get permission to sit in the fire engine for old time sake and spent the rest of the evening sharing fire stories with the rest of the guys. It was clear when he left that he wasn't worried about anything. Still Roy worried about his children having to testify and how traumatized they had been over everything that had happened.

The next morning Roy left for home early, his replacement arriving early to give him more time to get ready for his hearing, and quickly changed into his suit.

Chris was also in a suit but JoAnne had made a simple sundress with straps tied over the good shoulder for Jenny since her casts made dressing her a bit of a challenge. It didn't help any that Chris had written 'SUPER SISTER' across the chest portion of her cast in large bold print with bright red marker.

Jenny loved the idea but was frustrated every time she tried to read it in the mirror because the words were backwards to her.

In order to hide her daughter's advertised greatness, JoAnne draped a shawl made from a complimenting fabric around Jenny's shoulders and closed it in the front with a very colorful pin shaped like a butterfly.

Before the DeSoto family left for the courthouse they stood together in a circle and held hands. One casted and one held at an unnatural level but they were together and this was a show of solidarity.

Together they walked to the car and Roy helped Chris to fasten himself in with a pillow to protect his bruised abdominal muscles from being aggravated by the seat belt. Once Roy was behind the wheel he let out a deep breath and looked at each member of his family before starting the ignition and putting the car in reverse, backing out of the driveway.

At the courthouse Roy lifted his daughter into his arms as she slipped her casted arm around his neck, her casted shoulder forcing a posture of confidence that her face didn't agree with. Reporters started closing in as the family made their way inside but Barney the lawyer was quickly at their side, and with police officers, clearing the way for them.

Once inside the courtroom Roy was taken aback as he took in the sea of blue. His brothers in the department were there to support him, and not just his crewmates. The courtroom was also filled with the other children who had fought along side his children, and their parents and some trusted neighbors that Roy and his family had helped. Also there were Scout leaders Roy had assisted in teaching first aid, Dr. Brackett and Dr. Early were in attendance and Allen and Tracy Baldwin, with a court appointed guardian since their mother was still hospitalized.

Roy's eyes misted slightly but being surrounded by friends he squared his shoulders and followed Barney to where he was to sit his daughter down and then to the chair of the defendant.

When the judge came in and everyone was asked to stand, Jenny started whimpering. Roy turned to try and comfort her only to see his partner offering his hand to hold and whispering in her ear while uncle Chester was wiping her tears with his handkerchief. JoAnne had her arms around Chris who was also uptight, but trying beyond his years to be a man.

Every one was invited to have a seat and the judge explained that this was not a trial but rather a hearing to see if there was enough evidence to have a trial.

As always, the prosecution started with their claims as Mr. Bunker carried on about how Roy taught his daughter things she should never know and how she was so full of herself that she wouldn't listen to her elders, as he called them. He talked about the parents coming in and getting the principle to agree she didn't have to do what he said or even come to him when she was called. Then he called several of the boys who were involved in the fight and asked them to tell what Jenny yelled when the fight broke out.

"Get 'em in the boy parts!' is that what she yelled?" Mr. Bunker's lawyer asked the boy on the stand to repeat, then he showed his edited film showing Jenny's feet making contact with the teacher's reproductive organs but little else.

"That man has turned his kids into little monsters and he needs to be held accountable for his actions." He spoke like a hellfire and brimstone style preacher as he pointed at Roy.

As Angry as Roy was at the accusations and altered truth, not to mention the man calling his children monsters, it was all Roy could do to keep from laughing at the last show of superiority.

Barney gave Roy a smile and stood to the side of the table.

"Your honor I object to the film that was shown. There is no evidence in what we have seen that the foot that was so forcefully planted in Mr. Bunker's, let's say, private parts, for the sake of the young ones in this court, belonged to our Miss Jenny DeSoto. I also object to our young Jenny and her brother Chris being labeled as monsters."

"Well they are," Mr. Bunker spoke out of turn. "And I dare you to prove other wise."

The judge pounded his gavel on the desk and ordered Mr. Bunker to remain quiet or he would be taken back to his holding cell.

When order was restored Barney again spoke. "Your Honor, I do object to Mr. Bunker's words but I welcome the opportunity to prove that these children are not monsters. Not only for the purposes of this court but for their own sense of self worth."

"I'm not sure about proving the children aren't monsters, but it is necessary for this court to establish why young Jennifer DeSoto so actively and with malice sought out to and did inflict injury in the manner in which she did."

"Well in that case your honor, I propose that we start by calling Miss Jennifer DeSoto to the stand and ask her a few questions."

"Alright, Miss DeSoto to the stand, please."

Jenny stood up and started to step forward but stopped. "Mr. Judge person, can my Uncle John walk me up to you and help lift me on the chair?" There was a faint rumble through out the courtroom that was probably laughter and a little more.

"I believe that is an acceptable request," The judge responded and Jenny looked questioningly up at Johnny.

"He means yes, Kittles. Lets go," Johnny interpreted as he took hold of her hand and walked with her up to the chair and lifted her up.

She took one quick look at Mr. Bunker and he gave her the same threatening scowl that he usually gave to Jenny or anyone else who didn't do what he wanted them to do.

"Do I have to look at Mr. Bunker when I talk?" Jenny asked the man in the long black dress at her side.

"No, young lady. You can look any where you would like." The judge realized he needed to use younger words for this witness.

"Can my Uncle Johnny sit behind my daddy so that I can look at both of them?" Jenny asked.

"I think that would be all right as long as they don't try to tell you what to say." The judge agreed and Johnny traded places with the children's psychologist who was also in attendance.

"I don't think that will be a problem sir, because if I can hear them telling me what to say then so could you."

Roy shared a scoff with any one who could hear but he was still upset that his daughter had to endure the questioning ahead of her.

Then a man stepped up and asked her to raise her right arm.

"Which one is my right arm I can't remember?" Jenny asked, so the bailiff pointed to her arm in the shoulder cast. "But I can't raise it any higher than it is."

"Well then that will have to do," the judge agreed, seeing the girl's casts even though they were pretty well covered. "Recorder, make a note that Miss DeSoto is complying as much as she is physically able."

"Do you, Jennifer DeSoto, promise to tell the truth, the whole truth and nothing but the truth?"

Jennifer looked confused then turned to the Judge. "Can I do all that and not break the confidentiality?"

"I'm not sure I understand what you're asking me, young lady."

Dr. Brackett rose to his feet and stood in the middle of the people who were sitting around him. "Your Honor, if I may, I'm sure I can answer Jenny's question."

A confused Judge gave the standing doctor a nod of his head.

"Jenny this is just like when we were in my office, remember? The judge there, needs to know everything you can tell him so he can do his job." He wanted to say 'to keep anyone from getting hurt,' but he knew better than to say that.

"Does that mean I can say yes to this man's question?" Jenny asked her favorite doctor.

"Yes, sweetheart. You can answer any question they ask you, just tell them the truth and everything will be all right," Kell assured the young girl.

"Okay," Jenny sighed and turned to look at the judge, "I promise, Sir. I'll do what you want me to do. I'll tell all the truth."

"Thank you young lady," the judge answered, realizing quickly that this small child took life very seriously. "Your witness." He turned the lawyer loose to ask his questions.

"Jenny my friend, is it true that you are a rescue worker?"

Jenny sat up straight and looked right at the lawyer who was asking the question. "I am a certified first responder. I know how to take care of people that are hurt until the ambulance and the paramedics arrive."

"Your honor, I would like to place into evidence copies of the certifications of first responders for both Jennifer and Christopher DeSoto. If you would like to see the originals you'll have to ask them to show them to you because they are very protective of those certificates. I would also like to place into evidence this affidavit and news article testifying that at the age of four, our young Jenny here saved a woman who was choking on a strawberry. She was awarded the Young Hero Award. These documents are from two doctors, two fire captains and three police officers as well as a construction contractor. They all tell the tale of a young girl who crawled underneath a dangerous shed to hold pressure on a lacerated artery of a young boy. Each one of these papers claim that boy would have died if Jenny here hadn't have risked her life to hold pressure on the bleeding wound. One of the doctors credit's young Jenny here for saving the boys leg. I also have several affidavits for her brother Christopher, who was on scene and was able to inform the police of the circumstances and then lead them to an expert who knew how to lift the shed so that the children could be rescued." He turned back to the young girl on the stand. "Do you remember that day Jenny?"

"Yeah. Joshua was my friend."

"Can you tell the judge here why your brother didn't crawl under that shed instead of you?"

"Chris was too big, he couldn't fit." Jenny answered, "Only I was small enough."

The lawyer talked more about Jenny's exploits and handed over documentation for each one, including reports from the school nurse, police reports and fire reports.

"Why did you help take care of the people in the automobile accident?" The lawyer had worked up to one of the more recent encounters where Jenny had performed first aid, being aware that he needed to leave many of the most recent accounts that had taken place at the school for later on. "After all you were just riding in the squad to get to the hospital where your mother was going to pick you up, and the paramedic was already there. Didn't you say you're just trained in what to do until the professionals arrive?"

"That was before I was certified," Jenny began to answer. There wasn't a person in the room who questioned her truthfulness. "Anyway there were two cars that crashed together and then bumped into the squad that my Daddy was driving. One of the cars had two people in it and the other one was clear full of girl scouts. There were nine people in there, plus two equals, eleven. That was more patients than my Daddy could take care of all by himself. I put some bandages and splints on the two people in the one car and watched them while my Daddy and the police officer that came first took care of all the people in the other car. Then when the girl scouts were carried to some place safe, Daddy told me where the blankets were in the squad and to wrap the girls up so they wouldn't go into shock. Then when the rest of the fire department came, the two people in the one car were starting to go into shock and there was a gasoline leak that had to be washed away with a fire hose and Daddy needed his friends to use special long metal sticks to open up all the car doors so that they could get the rest of the people out with out hurting them any worse. Captain Stanley asked me to take care of all the girl scouts while they worked on the really bad hurt people."

Barney managed to keep from laughing but he had the biggest smile he could have for the young lady on the witness stand.

"Okay Jenny, I think we have convinced the judge here, and most everyone else in the room, that you are not a monster. You are a very, very good little girl that has worked hard to learn how to help people and does her very best every chance she gets. Your Honor, I will add the last piece of paper I have in my hand at the moment to this stack of evidence. It is the disciplinary record from the school that shows no disciplinary action has ever been taken for Miss Jennifer or her brother Christopher, but that they both have been the victims of bullying during the last two years." Barney handed the last piece of paper to the judge who looked it over quickly then handed it to the bailiff to be processed.

"Now Jenny, we need to talk about some serious stuff… the kind of stuff I think your mom and dad have told a nice little girl like you not to talk about in public places like this, but the judge here needs to know what you've been taught about boy parts. Can you tell us what they have taught you and why they were teaching you?"

Jenny blushed bright red as Barney expected. "Am I supposed to tell him why I was taught first or after?" Jenny asked, confirming yet again she had not been coached.

"You can choose," Barney answered.

"Well, I was kinda little still. It was just before I started kindergarten and we visited Grandma and Grandpa DeSoto for a quick vacation. I needed to go to the potty and I didn't know that grandpa was in there. He forgot to lock the door. I thought something was wrong because he was standing up next to the toilet and his pee was coming out of a hose. It scared me 'cause I thought something was really bad wrong, but Daddy and Mommy sat with me in the tree house and told me that all boys have the hose the pee comes out of on the outside of their tummies while girls have them on the inside. They told me that's how God made all of us."

Jenny stopped abruptly feeling she had told the whole truth and she was sure everyone in the room knew where their hose was without her telling them. Judging by the red faces in the room, she was probably right.

"Jenny, that was very good," Barney spoke as he placed his hands on the rail around the witness chair and moved his feet backward, effectively bringing him face to face with the young girl he was questioning. "But we need to know how you learned that injuries to the boy parts were very painful."

"Well, um… I ah… sort 'a learned from lots a places." Jenny looked confused. "If I'm going to tell the whole truth I better start at the first time."

"That would be very good Jenny," Barney Olsen coached his witness onward. "Start at the first time you learned about how boys can get hurt."

"Well I can't remember for sure when," Jenny started and looked to her Daddy and Uncle Johnny for assurance. "Some of the mean boys at school like to shove their knees between other boy's legs and they hurt really, really bad. I have helped lots of them to the nurses office so she can take care of them cause I don't know how."

"Your Honor," Barney Olsen interrupted as he walked over to his table and picked up another stack of papers. "I would like to place into evidence the record of all injuries treated by the school nurse. Highlighted are the injuries to, let's stay consistent, 'Boy parts'. I also add the reports of action made on the 30 percent of the injuries where an assailant was named. I would like to bring to the attention of the court that twenty-eight out of thirty of the boys named were turned over to Mr. Bunker for disciplinary action. I would also like to point out to the court that 90 percent of the boys who named an assailant were injured again at a latter date."

The judge took the papers as they were handed to him and, after giving them a looking over, stacked them on the corner of his desk for the bailiff to process.

"Can you tell us about the other times you learned?" Barney coaxed Jenny to tell more.

"Well, when Chris… he's my brother… got punched up by lots of boys I got to go see him in the hospital and the Dr. had to give him medicine cause he was hurting an awful lot. He had this special bag hung on his hospital bed and Daddy just told me that it was there to test to see if he was bleeding in his pee. But nurse McCall told me later that the doctors had put a special hose inside Chris's outside hose to make sure Chris's hose kept working until he got better. Then Uncle Johnny came to the hospital and stayed with me until we could all go up to Chris's room and he told me that the reason Chris was hurting so bad was because boy parts were very tender and can get hurt sort 'a easy and when they get hit they hurt really, really bad."

"So your Uncle Johnny told you that when boy parts get hurt they hurt real bad. Did anyone tell you to hit boys in their boy parts?" Barney asked keeping a serious eye-to-eye contact with his young witness.

Jenny glanced at her daddy who gave her a nod, then back at Mr. Olsen standing in front of her.

"When we were coming home to get my sleeping bag and pajamas. Daddy looked really scared," Jenny spoke hesitantly. "Well Daddy told me to remember what Uncle Johnny said about boy parts and if any one tried to hurt me to kick them or hit them there to make them stop," Jenny finished.

"Did your Daddy ever tell you to hit a boy in his boy parts if he wasn't trying to hurt you?"

"No sir! He said only if a boy was trying to hurt me and that hitting them there would make them stop."

"So your daddy, who had spent several hours watching your brother after he had been hurt in the boy parts, just told you a way to keep a boy from hurting you?"

"Yes, Sir." Jenny answered.

Barney stepped back and gave the judge a nod. "That's all for now Your Honor." He then turned to Jenny. "Okay Jenny, I don't have any more questions for you right now but that other man at the other table wants to ask you a couple of questions. Just answer them with the same truth, okay?"

"Yes, Sir," Jenny answered as she turned a frightened face to her Daddy.

"All right now Miss, may I call you Jenny?" The prosecuting attorney gave Jenny a not so friendly look.

"Yes, Sir." Jenny answered and ducked down in her chair a little.

"Did your Daddy call a bunch of your school friends and their parents over to your house the night your brother was hurt?"

"No, Daddy didn't call 'em. The Connor family came over to talk to my Daddy about how he asked the principle not to make me go to Mr. Bunker if I didn't want to. Daddy told them about Miss Marlow and Mr. Connor asked to use the phone to call other people over to our house to talk to her and some policemen that she brought with her."

"And what did they talk about?"

"I don't know. Me and Mrs. Stanley took turns painting each others fingernails and toenails," Jenny answered.

"And did the rest of them all talk together in a group?"

"No, Mr. Stanley and Uncle Johnny talked to me and Daddy and then every family got to talk to their very own police person."

"So nobody talked about how to fight the boys they were worried about?"

"No. We were just told to stay together in a group and stay away from the mean boys." Jenny answered, and at that point the Prosecuting Attorney knew he wasn't going to get the kind of information he was wanting.

"That's all, Your Honor."

The Judge then looked to Barney Olsen. "Do you have any questions to ask on redirect?"

"No your Honor, but I would like to enter into evidence these reports of assaults that were filed by officers that were called to the DeSoto home. It took no less than eight officers to fill out these reports. I think we can be assured that nothing was said there that was against the law."