I heard Darry waking up Pony and Soda and all three of them taking showers well before anyone came in to get me up. This gave me a good forty-five minutes to work myself into a full on-panic, which I tried desperately to hide when Darry finally knocked on my door.
"I'm up," I answered, hoping he wouldn't come in. To my dismay, he opened the door and came over to the bed.
"I'm up, Darry. Let me just get up and take a shower, okay?"
"Alright." I didn't hear him move. I turned over to face him.
"I said, I'm getting up, okay?"
"Okay. I just don't want you to fall back asleep. You know court expects you to be on time."
"I know." I stared, and finally he relented.
"So – okay. Go get your shower. I'll go help Soda with breakfast."
"Fine. Thanks." I stood up, waiting for him to leave.
"And, Scout?"
"Yeah?"
"I know you're worried, but we're on your side. You can be cranky all you want with us, but that attitude isn't gonna be very well received in court. So if you really want to make a difference for those families, go ahead and take it all out on us, but you'd better get a handle on it before court." I remembered Pony getting a similar lecture the last time we'd been headed for court.
He was right – I knew he was right and I wanted to cry, for being a brat to him when he didn't deserve it from me, but I didn't. I bit my lip and stood up, though I couldn't look him in the eyes.
"You're right. Sorry, Dar."
"It's okay," he answered. "I get it. But you need to remember that other families lost people they cared about and the state needs to know that was wrong. You're the one – the only one - who can prove it – but nobody's going to take you seriously if you go in there with an attitude. You're a sensitive kid – I know you get upset, and I understand. So, just - go ahead and be upset with us, but… well, just try to pull it together for court, okay?"
"I will." Suddenly I realized just how many people really were counting on me and I vowed then and there to turn my attitude around. I was the only person who had real answers – answers people deserved to hear and facts that the state needed to face and take responsibility for. By the time I was showered and dressed, I came to the table with a completely different attitude.
"You look great Scout," Soda commented, though he didn't look too shabby himself. Something about any of my brothers in a shirt and tie always made me smile – all three of them looking so sharp was absolutely laugh-inducing.
"What?" Pony called me on my attempt to stifle my giggles.
"Nothing. It's just - it's funny to see you guys all dressed up. You look like different people."
"You implying that us Curtis boys don't look this good every day?" Soda joked.
"No. I mean, you always look good. Just – now you look strangely good. Just reminds me that it's not a regular day."
"It is a regular day, baby," Darry dumped eggs and bacon onto my plate. "It's a regular day. There's nothing to get upset about. You're just gonna tell your story about the accident. If you think about it – it isn't that bad. You've already told all of us – and the cops – you already even told the lawyer."
I stopped, mid-forkful of eggs.
"I did? When did I talk to the lawyer?" I wondered if I was losing my mind.
"One of the people who talked to you in the hospital in Muskogee was the lawyer. He was the one who asked me if you'd be willing to go to court to testify. The other families actually had a lawyer on standby and he went straight to the hospital after your accident. I gave permission over the phone for him to question you, so long as the police were there too."
I thought back. I remembered police in my room, and a few other people asking me questions – I guess I had just assumed they were plainclothes police. I didn't really remember anyone telling me they were a lawyer – but, then again, at that point I had been so frantic to see Soda and make sure he was okay that I didn't remember much.
"C'mon," Darry broke into my thoughts. "Finish up, we gotta go. Two-Bit's gonna be here any minute." We were going out to Muscogee in Two Bit's car so nobody would have to ride in the back of the truck. Sandy's parents were driving her out and would attend the trial – she, having lost her baby, actually had the most to gain of any of us in the settlement. But still – I was the only one who had stayed awake throughout the whole accident.
"I'm done," I said, pushing my plate away, still half full. Darry eyed me but I wasn't having it.
"Look, Dar – you know I'm worried. Last thing I want to do is throw up. I'm fine, okay? I'm just not that hungry."
"Okay," he agreed, nodding
Just then the sound of Two-Bit's horn reverberated throughout the house, and we all jumped.
"Leave the dishes, Soda," Darry said. "Let's just go."
Soda turned and followed us as we filed out the front door down to Two-Bit's car. I found myself silently praying that it would actually make it to Muskogee. I expected Darry to claim shotgun, but, to my surprise, he offered Pony the front, and I sat in the back, with Darry and Soda on either side.
"Y'all got everything you need?" Two-Bit asked. All I needed was a day's worth of courage, and I wasn't quite sure I had it, but I kept that to myself.
"All set," Darry answered, and we were off.
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I don't remember much of the ride – just that I replayed the accident over and over in my mind, trying to make sure that I had every detail down pat. I started from that morning, when we'd left the hotel, and finished when Darry had taken me home from the hospital and we'd left Soda. I tried to think of every possible question they might ask, and how I would respond to each one. By the time we got to the courthouse, I was feeling surprisingly confident.
"You alright?" Darry asked, as we all headed into the courthouse. I saw Soda looking over to see my answer.
"I'm fine," I answered. And I was.
We were met in the lobby by the prosecutor – which I asked Darry about and found out was the lawyer arguing against the state. It turned out that it was an assistant of his who had interviewed me in the hospital – he said it was my "deposition" and insisted that he'd told me then he was working for a lawyer, but I honestly couldn't remember. He had our conversation on tape though, so I believed him.
They took us all – My family and Two-Bit and Sandy and her family – into a room and explained to us that all of the other families who had been in accidents at that intersection had already testified. We got to meet them and, if I'd had any hesitations about going to court before then, they were all gone after meeting the families.
There was a girl younger than myself whose only sibling – an older brother Soda's age – had died in a crash there. Another family had lost their mother and a two-year-old boy; yet another had lost their father and one half of a set of four-year old twin girls.
I was devastated, for them – and overwhelmed with gratitude for the fact that we – me and Soda and Sandy and Two-Bit - had been through an accident at that same intersection – and all survived.
Except for the baby. Soda's baby. I hadn't thought about it much – about whether it had been Soda's or Steve's, but right then it didn't matter to me. It had been Sandy's – and Soda loved Sandy – and they would have taken care of that baby and it would have had a great life. We would have made sure of it.
That baby died because the traffic light was broken.
It was all completely overwhelming and by the time the introductions were over, I was more than ready to go to court and tell my story. Finally, I understood what everyone had been telling me – I was the only one who had proof that the light was broken – and so many people were depending on me telling that story in order to come to terms with what had happened to them – and insist that the state fix such things so that they didn't happen to any more families.
When we were finally led into the courtroom – Darry and Soda by my side and Two-Bit and Pony following just behind, I was ready.
Unfortunately, I had quite a while to wait.
Two-Bit was first called to the stand. I had never seen him so dead-serious in my life. He swore to tell the truth, and he did. The fact is, though, he didn't have much to say. He'd been asleep the whole time – he didn't remember the crash or me falling on him after I finally unhooked my seatbelt. He told what he remembered and sat back down.
Sandy went next. She also didn't remember the crash, but hearing her account of when the doctor came to her in the hospital to tell her that her baby had died – well, that had all of us in tears and Soda sobbing on Darry's shoulder. I honestly had never really thought it through until an hour before – I'd known she was pregnant but the thought that that baby could have actually been Soda's kid – my niece or nephew – I hadn't really ever allowed myself to make that connection. My heart suddenly – months too late – was breaking for them, and I understood why Soda had needed a counselor to talk to – totally unrelated to what had happened to me. It just solidified my desire to make sure that the state made things right for all the people they could have spared so much pain had they just fixed the stupid light in the first place.
Soda was called up next – and having just had to hear Sandy's testimony, he was, at best, a total mess. He had been driving, he knew that he'd gone on green, but he hated the fact that – from the time of the crash until well after Sandy had lost the baby – he'd been unconscious. They had gone to the hospital in separate ambulances. He hadn't been able to be there for her. As the defense rested their case against him, Soda shuffled back to where we sat, broken and defeated. I hugged him, whispered in his ear that I loved him, and passed him down the line to Sandy, who wept with him.
"Prosecution calls Samantha Scout Curtis to the stand."
I took a deep breath, smoothed down my skirt, stood up, and approached the stand. I tried to ignore the sound of Sandy crying in the background. Darry stood up to let me get past him – his legs were too long to let anyone out of the row without standing – but he grabbed my hand as I passed by. I hesitated and looked back.
"Be strong," he said.
I squeezed his hand and let go, approaching the witness stand. The judge swore me in and I sat, hoping for the best. The first lawyer to get up was Mr. Leone, the lawyer I'd already met. His questions were just as I had prepared myself to answer. First, I had to describe the crash and the aftermath. He asked about my injuries, several times asking if I had, at any time, lost consciousness. I answered that no, I hadn't. I was able to answer all of his questions about what had happened at the hospital, after the crash.
"So, Scout, let's go back to the period just before the crash. It's been stated that nobody but you and your brother Sodapop were awake at that point. Is this accurate?"
"Yes. Sandy and Two-Bit were asleep. It was raining – I wanted to stay awake to talk to Soda since he was driving."
"Do you recall the content of that conversation?"
"You mean, what we were talking about?"
"Yes. Can you recall that?"
"Yes."
"Would you be willing to share that with the court?"
"I… I'm not sure why…" I hesitated. "It was just between Soda and me."
"Your recollection of that conversation proves that you were alert both before and after the accident. Are you willing to share that?"
I glanced at Soda and he nodded.
"Okay," I agreed.
"Alright then, Miss Curtis, can you tell me what you and your brother were taking about before the crash?"
"He was talking to me… he was just saying that he didn't feel like he had any sort of talents, like he… like he wasn't good for anything, or something – I was kind of arguing with him – I was telling him how he knows how to do stuff that none of the rest of us in our family can do – I mean, like - he can fix cars and just about anything – and he's really good at things that the rest of us aren't."
I glanced over and saw Darry and Pony both looking over toward Soda with disbelief and I knew they felt what I had then – that we so rarely took time to remind him about just how important he was to our family. The lawyer spoke and I looked back at him.
"So, you were busy assuring him of all this – meanwhile, were you also watching the traffic light?"
"Yes, I was. I was sitting behind him, so I was looking out the windshield, just like he was."
"And you saw a green light?"
"Yes, sir. I did."
"You are willing to say, under oath, here in court, that your brother Sodapop Curtis did not proceed through that intersection until the signal displayed a green light?"
"Yes. Yes, sir, I am. I saw it myself, and it was green."
"The prosecution rests it's case."
I would have loved for our day in court to end there – just as I had practiced for – totally able to answer all of the questions just as I'd practiced.
Unfortunately, it didn't.
We were all in line to be cross-examined by the defense attorney – the lawyer defending the state. After a short break, we were all called back to the stand, one by one – and not just asked to explain the events of the accident – but to defend our involvement in it.
We were called in the same order.
Two-Bit, called first, answered most of the lawyer's questions with "I don't know, sir" or "I'm sorry, I don't remember." He had been either asleep or unconscious for most of the car ride.
Sandy was called next, and didn't have much to offer either, having been asleep at the time of the crash. I wasn't sure why the lawyer even bothered to ask her questions related to the crash, as it had already been clearly established that she was asleep when it happened , and unconscious for quite a while thereafter.
Soda's testimony was different. They asked him weird stuff, like whether he was happy with Darry as a guardian, and whether he wanted the baby Sandy was carrying. He cried as he assured the lawyer that yes, indeed, he did, and outright snapped at the assertion that the crash might have been any sort of planned stunt to cause a miscarriage, adding that he had me and Two-Bit in the car, and that he loved all four of us and had no intention of risking anyone's life.
I felt Darry tense next to me at the accusation, and I leaned up against him. I noticed Sandy's parents react also, and her mother pull her close.
They continued to ask Soda questions – had the car been inspected, were the brakes working correctly, had he gotten enough sleep the night before, was he looking at me rather than at the light since we were talking just before the crash occurred – he answered them all confidently and I was so proud of him. By the time they finally stopped their questioning I was absolutely exhausted for him.
Unfortunately, I was next.
The lawyer called me to the stand and I hesitated. I just had a bad feeling about it. But Soda, just having taken a seat, gave me a nod and a wink and I summoned all of my nerve and stood up.
Darry stood up to let me pass by and I felt him squeeze my shoulder on the way past. I made my way back to the witness stand, feeling like the entire courtroom was swallowing me.
I had to swear to tell the truth again – I did, then went over to the witness stand, where I sat, and waited.
The lawyer walked around the courtroom a few times before asking anything. Finally, he stopped in front of me and unloaded.
"How old are you, Miss Curtis?" He stared straight at me and began walking towards me. I looked down at my lap.
"Twelve," I said, but my voice failed me and it came out barely above a whisper.
"I'm sorry, Miss Curtis, can you speak up so the court can hear you?"
I cleared my throat, and forced myself to look up again.
"I'm twelve. I'll be thirteen in October."
"And what grade are you in at school?"
"I'll be a freshman in the fall."
"In high school?"
"Yes, sir. I got put ahead a year last year."
"I see." He seemed to be rethinking his questioning – it seemed almost like he was disappointed that I turned out to be smart. I shifted in my seat and caught a glance of Soda fidgeting and Darry giving him a look.
"Miss Curtis, I understand you are currently in the custody of your oldest brother, Darrel?"
"Yes." I couldn't really see the need for any further explanation about that. He was right.
"And why is that? Could you explain why your brother is your legal guardian?"
I was surprised at the question. I mean, if he really wanted to know, he could have looked it up at the library. Our parents' accident had been all over the papers. I glanced over at Darry and his brow was furrowed. Clearly he had no idea where the lawyer was going with this, either.
"My parents died last year. Darry – Darrel has custody of me and my other brothers."
"Could you elaborate on that?"
I had no idea what he was talking about, and I panicked.
"Um… I… I'm sorry, I'm not sure what you mean."
"How did your parents die, Miss Curtis?"
I looked over at Darry, and he appeared completely livid. I knew he hadn't expected anything like this to come up in questioning, and frankly, I had no idea why it was. It had nothing to do with the accident Soda was in, as far as I could tell.
"Objection, your honor!" Apparently Mr. Leone didn't like it either, and I felt a small satisfaction at finally somebody yelling out an objection in my court experience. "This line of questioning is irrelevant to this case."
"Overruled," the judge said, "I'll allow this, Mr. Demaio, but I advise you to get to your point sooner, rather than later." The judge offered what seemed like a sympathetic glance in my direction.
I wasn't sure what to do, whether to answer the question or not.
"Miss Curtis, let me ask you again: How did your parents die?" I looked over at the judge and he nodded.
"They were in a car accident," I tried not to whisper but it wasn't the sort of thing I felt like proclaiming to the whole world.
"A car accident, you said?"
"Yes."
"Miss Curtis, when did this accident occur?"
Darry was leaning forward, I could see him whispering with Mr. Leone. He was clearly not happy.
"Last year."
"Could you be more specific?"
"Objection… again, your honor, this line of questioning is irrelevant."
"Overruled. Mr. Demaio, make your point now or these questions are disallowed and stricken from the record."
I had no idea what to do, again. I felt sick and the way my brothers were looking at me didn't help matters.
"Miss Curtis, when did your parents die?"
"October second." I'd never forget… I never could.
"October second… that's your birthday, is it not?" I could see Darry turning red and I tried not to look at him – I was already upset enough. I had no idea why I was being asked these questions.
"Yes," I managed.
"I'm sorry, I didn't hear you. Is October second both your birthday and the night your parents died?"
Hearing it out loud brought the tears and I tried to fight them back.
"Yes." I bit my lip as hard as I could and took a deep breath, trying harder than I ever had not to cry.
"I understand there was never a settlement regarding your parents' wrongful deaths?"
I suddenly very strongly regretted ever agreeing to come back to court. While everyone had assured me this time would be easy - no problem at all - it was already the most difficult time I had ever had in court and it had just barely even started. I didn't understand this lawyer and his questions, nor did I have any idea why he was asking them and what they had to do with Soda's crash.
"I don't… I don't know what you mean. They died – I mean, it got settled that way."
The lawyer chuckled at me and out of the corner of my eye I saw Darry visibly tense. I turned to look at him and saw his fists clenched in his lap, his face reddening. He looked like he wanted nothing more than to tear that lawyer to pieces.
"I'm sorry, Miss Curtis, let me rephrase that. You never received any money as a result of your parents' deaths, did you?"
I felt stupid. I was so mixed up I'd forgotten that "settlement" meant money you got from winning a court case.
"No," I managed.
"Exactly," he responded. "Your family didn't receive any money after the death of your parents, so this was the perfect opportunity to shake down the state of Oklahoma and get what you felt you rightfully had coming to you, now wasn't it?"
"Objection, your honor!" Mr. Demaio yelled, though I was so completely flabbergasted by the accusation that I had no ability to appreciate it. Suddenly everything that lawyer was implying sank in. I felt an anger rising in me that could give Darry's wrath a run for its money.
"Sustained," the judge answered. "This line of questioning is not relevant to this case. Miss Curtis, you don't need to respond."
But the rage in me was boiling over, and suddenly I didn't care about the fact that I was in court, I wasn't going to leave or move on without having the final say in this matter.
"No," I surprised myself at the volume of my voice, and apparently surprised everyone else as well, as I could feel all eyes in the courtroom focus on me.
"I want to," I asserted. "I'll answer."
"Scout…" Mr. Leone and Darry responded at the same time, though the looks on their faces were nearly opposite. Mr. Leone looked panicked, like I was going to mess up the whole court case, while Darry looked a curious combination of extreme anger and overwhelming concern.
"No," I repeated. Seeing Mr. Leone so worried about me ruining his case reminded me that there were other families depending on my testimony – counting on me to get them the settlement they deserved. No way was I going to let it look like I was trying to get away with something by using them.
"I want to answer." I was surprised at my own confidence.
All three of my brothers looked a combination of shocked, angry, and miserable, and Mr. Leone looked simply horrified.
"Miss Curtis," the judge faced me, "be aware that any comments you make will be a part of the permanent court record."
"I don't care." I had tunnel vision, and Mr. Demaio was the focus. I turned to face him.
"Alright then," the judge answered, looking concerned. "Go on."
"How dare you," I started, barely at a whisper, not believing the tone I was taking with an authority figure, not sure whether my parents would be proud or roll over in their graves with horror – but realizing that this was in their honor - and in honor of the children they had raised.
"You never knew my parents," I continued," and you don't know me or my brothers, either."
"Scout, you don't have to –" Soda started, but stopped when I glared at him and the judge raised his gavel. For once, inexplicably, I felt in control.
"I'm twelve years old," I almost hissed at Mr. Demaio. "I have no mother, and no father. I'd be an orphan if my brother wasn't willing to give up a lot of his own life to take care of me and my other brothers. Nobody forced me to come here, and no matter what happens today in this court, it won't change the fact that my parents are gone." I felt tears rising and stopped to take a breath and compose myself. I glanced up and saw Darry about to explode, Soda looking like he wanted to leap over the benches to save me, and Pony wiping a tear from his eye.
"If you think," my voice faltered but I gritted my teeth and summoned all I had not to give in - not to look weak. I cleared my voice and started again.
"If you think that I'm here because of my parents – that somehow if we got some sort of money because of Soda's accident, it would make up for losing them - well, it wouldn't. I don't care about any money – there's nothing I could get that I'd want more than having them back. I'd PAY any amount to have them back."
I was suddenly out of breath, and realized I'd practically been yelling. All three brothers sat frozen, shocked. I closed my eyes for a minute and tried to calm down.
"Any amount," I repeated, making a conscious effort not to yell. "I loved them. I miss them – I'd give anything to have them back – to…" I shook my head, disbelieving what this had come to.
"Miss Curtis," the judge started, "If you…"
"I'm not done," I interrupted, and immediately realized how inappropriate that was. "Your honor, I mean, I'm sorry. I just –"
"That's alright. Go ahead."
I'd lost my thunder that I'd had in terms of talking about my own parents, but looking out at the other families that had lost loved ones, I knew I was the only voice they had.
"Just…" I started, "this has nothing to do with my parents, except for the fact that these other families lost people they loved, too – and I know how that feels. And it didn't have to happen. I could have lost even more people I care about, and it was something that should have been fixed – and wasn't. I could have lost my brother because the state didn't fix something they knew was broken. I'm not here to talk about my parents, I'm here to talk about what happened to me in my brother's car that never should have happened. My parents are gone and I don't want to talk about them any more in this court. This has nothing to do with them. This is about a traffic light in Muskogee. My parents weren't there. I was there, and that's why I'm here."
There was absolute silence in the court, and finally the judge spoke.
"Are you done, Miss Curtis?" He looked over at me and I swear, for a second I saw my Dad's face, beaming with pride.
"Yes," I answered.
"In that case, this court shall observe a fifteen minute recess. Questioning will continue when we reconvene." He suddenly stood up and exited out the door behind his desk.
I wasn't sure what was going on, but Mr. Leone came over and explained.
"Bathroom break. You've got fifteen minutes."
"Can I get up?"
"Of course!"
I jumped up and headed immediately for my family.
"Oh, and Scout?" Mr. Leone called after me.
"Yeah?"
"You handled yourself real well up there."
"Thanks," I answered, suddenly feeling Darry's arms around me so tightly I could hardly breathe – but feeling decidedly less suffocated than I had up on the stand. I closed my eyes against his neck and, for the moment, let the tears fall.
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A/N So there's a nice long one for you. Trying to keep the momentum going. Thanks for the enthusiastic reviews for last chapter after such a ridiculous hiatus – my readers are the best.
