Hey Guys!
Ok so some quick responses and shout outs for this week. First of all to cryme88 thankyou so much for your kind words. Yes Andy is a fighter and a crier, I guess you could simply call him passionate on all fronts hehe.
NikkiIV I know right! If only B had been say 5 more minutes, Andy would have had the order and been on his merry way. You're so right it is 'very B of him' lol.
Thanks also to LianT for your inspirational idea regarding two of the characters. I take every idea to heart and that one will fit in perfectly!
Ok back to the story, let's set the scene:
Welcome to the trial of Thompson V Kinney! I hope you've stowed away all valuables and anything that may go off at the metal detectors. Now as you move past the security guard take a left…another left and walk up to the doors labeled court room 6 (Oooh but wait, whose that about to walk in?)
Chapter Thirteen – Thompson V Kinney.
Meanwhile up ahead Andy and Mel were in deep discussion. She had advised him that the trial's time could be anywhere from 1 hour to 7 days long and this had not sat well with Andy. However as he was about to object the pair had seen B walk into the courtroom and with him, looking like a proper lady about to attend a funeral was Lindsay.
"Morning," Linds said to the pair as though looking down on them as she quite gracefully swept through the doors following B.
"Ummmm, ah…Linds is here?" Andy questioned Mel.
"It appears so." She stood up and made to dust off her skirt despite the fact that there was nothing there and seemed to be starring off into space.
"Did you know?" Andy asked hesitantly.
"Did I know that Ms death becomes her would make a guest appearance? No actually I didn't. Then again Ms 'I wont be happy till I own everything that we have' doesn't really tell me anything these days." Mel sighed.
Andy all at once felt so guilty. If not for him Mel and Linds may not even be in this situation. Despite the fact that it was Mel's choice to not share what he had told her, he knew that had he not had that conversation with her they may have still been together.
"Arbitration didn't go well huh?" he asked.
"Arbitration lasted 6 hours!" Mel replied to Andy's raised eyebrows. "And is still not concluded."
"What?" Andy asked. "Seriously Mel your people need to learn how to be swift with cases. None of this let's take 7 hours crap. In and out that's my motto."
Mel laughed; she could do with sarcasm at this point.
"Not a bad movie either," she winked as Ben and Jay approached.
After a quick hello between them and a thank-you to Jay for coming the four of them made their way inside. Mel and Andy walked directly to their table and took their seats determined to keep their eyes averted from B and Linds. Of course the same could not be said for Ben and Jay who's mouths lay open aghast at the revelation.
"Hey A?" Jay whispered making Andy turn around to face him. "Are you aware that…?"
But Andy cut him off.
"Yeah they walked in moments before you two arrived. Just leave it for now ok? Sorry Jay I'm nervous enough!"
Jay completely understood and simply nodded indicating for Andy to turn back around.
"So does Jay know what to do?" he asked Mel. "I mean good going on not telling me, I haven't prepped him or anything!"
Just as Mel went to respond the court appointed bailiff, who Andy noticed was different to the last one, asked everyone to rise.
"Judge Jamieson Granger presiding."
"Please sit," the judge advised, granting Mel two quick seconds to explain to Andy that she didn't want Jay prepped as he needed to sound authentic and all of a sudden the trail was in session.
"Ms Marcus, as I understand it," the Judge started "Your client is seeking an intervention order against the defendant Mr. B Kinney?"
"Correct your honor," Mel replied.
"And furthermore you are looking to have the preceding expedited owing to your client's need to get back to work is this also correct?"
"Yes your honor it is."
"Well, the court will certainly take that into consideration and will do everything it can to have the matter resolved as quickly as possible."
"Thank you your honor," Mel replied.
"Mr. Schmidt, I see you are defendant's counsel for this case?" the judge enquired.
And with that all heads on Andy's side flew to the left to see…yes indeed…Emmett's boyfriend Ted defending B.
"Oh Jesus!" Mel whispered sharply.
"I don't know how much more of this I can take!" Andy whispered back as Ted advised that indeed he was B's counsel.
"Chinese Wall Andy, let it go," Mel advised.
"Yeah, that's going to be easy tonight if I'm working," Andy spat back.
"And Mr. Schmidt I understand it that your client is asking that if he were to win this case that Mr. Thompson no longer be working at the Liberty Diner is that correct?"
At the same time as Ted replied, Mel screeched in outrange;
"Yes Your honor."
"YOUR HONOR!" Mel had now risen back out of her seat; Andy very nearly followed her, but caught himself just in time.
"Ms Marcus?" the judge raised his eyebrows surprised at Mel's insubordination.
"You honor, side bar?" Mel requested.
"Indeed, it does seem appropriate. Counsels and only counsels approach."
Mel walked so quickly over to the judge that Andy was momentarily scared she was going to plow right into his bench. Ted on the other hand walked quite slowly and seemed to be doing everything he could to avoid Andy's gaze. Meanwhile Ben was whispering loudly to catch his son's attention.
"Andy!" he whispered harshly.
Andy whirled around.
"Dad, I had no idea this would be the deal! What the…" but Ben cut him off.
"They're releasing your papa from hospital, do you mind if I…?"
"No, not at all. Go, go, tell him I love him. Oh, Jay can you stay?"
Ben got up and Jay smiled, it felt so nice to be needed.
"I'm not going anywhere beautiful." He smiled and then motioned for Andy to turn back to the front.
Andy had no idea what the judge was saying. All he could make out were little words here and there but they gave no indication how things were going until he saw the judge give Mel and Ted the signal to go back. As they were walking the judge explained for the room.
"I have instructed Ms Marcus to take a moment to discuss the new terms with the plaintiff. Ms Marcus, tick-tock."
"Yes your honor," Mel replied taking a seat.
"Um, hello, recess?" Andy asked, shocked that they weren't going to have one considering this new information.
"No Andy, we requested an expedited hearing, so we need to discuss this quickly. Here's the deal…" Mel continued before Andy could butt-in. "B is asking, as is his right, to have you dismissed from the Liberty Diner if he wins as he quote doesn't want to be in this situation again end quote. So you've got two options, proceed and possibly be let go if we lose or drop the charge and go back to work without the order."
As much as Andy craved discussing cases and the law like a woman and designer shoes, actually being in the situation was stressing him out. So much so that he had no idea what to do.
"What do you advise counsel?"
"It needs to be your choice," Mel said. "But all I'd ask you to consider is what's worth more your job or the case?"
"Or justice you mean?" Andy asked.
Mel smiled, she really did hope Andy would be a lawyer one day, he certainly had the knack.
"If my job is on the line because of that S.O.B" Andy whispered "Then so be it. Let's continue, I'm not giving up now."
"You sure?" Mel asked.
"Positive," Andy said. "He needs to learn a lesson and I'm going to be the one to give it to him, or die trying." He finished as he narrowed his eyes showing Mel how much he meant it.
Mel rose.
"Your honor, my client accepts the terms and is ready to proceed."
"Excellent, Ms Marcus we will begin immediately. You have the floor."
"Thank you your honor," Mel smiled and whipping up her folders Andy noticed she had her game face on.
Mel was definitely ready; it was as though she was born to have the floor.
"Your honor I'd like to call Andy Thompson to the stand."
Andy, who had just become relaxed seeing Mel's game-face, was now back to feeling fear and he shakily stood up and walked jelly-legged to the stand. As he sat the bailiff took a bible and swore Andy in.
Mel strode over to Andy.
"Sate your name and occupation to the court please."
"Andy Thompson and I'm a crew member at the Liberty Diner." Andy replied.
"Mr. Thompson is it true that you were sexually assaulted two days ago by the defendant Mr. B Kinney?"
"Yes, it's true."
"Mr. Thompson I know it's hard, but could you please explain for the court what happened?"
Andy gulped. Knowing he had to describe what had happened and actually doing it were two very different things. He scanned the crowd for Jay who encouragingly smiled back at him this seemed to help, though only a little.
"Yes, I was working at the diner 2 nights ago. Mr. Kinney is a frequent customer and he was there. He had asked me to make a coffee for him…"
Andy's voice trailed off as it became harder to talk.
"And then what happened?" Mel asked as lightly as she could. "Take your time Mr. Thompson."
Andy took a deep breath and slowly but surely it all came out.
"While I was making the coffee Mr. Kinney proceeded to come around to my side of the counter without my knowledge and he then placed his arms around me."
"What did you do then?" Mel asked.
"Well, I didn't quite know what to do," Andy replied honestly. "I was shocked and scared, he is bigger than me and I feared what might happen if it escalated."
"So you froze?" Mel asked.
"Objection, leading the witness!" Ted barked from across the room.
"I'll rephrase," Mel said smiling riley at the Judge. "How would you describe your physical ability to do anything at that point Mr. Thompson?"
Andy was now so nervous he was clasping his hands tightly which was hard to do considering how sweaty they had become.
"I…I couldn't do anything. F-Frozen i-in fear, I wanted to do something and my mind was screaming for me too, but I couldn't m-move." Andy finished weakly.
This seemed to satisfy Ted as there were no further objections and so Mel continued.
"So then what happened Andy?"
"Well he then grabbed my crutch area and then spanked me from behind."
The gallery in attendance drew a collective breath to this revelation. By now Andy was staring at the floor. Thank god Ben wasn't here to see this; it was embarrassing enough that Jay was there.
"Did anything else happen during this time?" Mel asked timidly, knowing Andy was distraught.
"H-He accused me of sleeping with his partner and then he-…"
But Ted had risen again.
"Objection, here say!"
"It's all here say Mr. Schmidt!" The judge replied rather hotly. "Unless you have video that picked up what these two actually said, objection over-ruled!"
Ted sat back down disgruntled.
"Go on Andy," Mel lightly pushed.
"As I said he accused me of sleeping with his partner and then said that they were like a-a… happy meal…"
"A happy meal?" Mel enquired; even she didn't know this part.
"Yes, he said that I could not have one…without the other."
Again at once the gallery reacted some drawing in breath and some talking quite loudly. The volume in the room had definitely lifted.
"Your honor this is ludicrous!" Ted was now barking over the noise. "How can this even hold up in your court room?"
"Mr. Schmidt!" The judge barked louder than Ted had which silenced the gallery at once. "You will have your turn to cross examine the witness but for now sit down!"
Ted sat and Mel resumed.
"Andy how did you reply to Mr. Kinney's accusation?"
"I didn't," Andy replied. "I was too frozen to speak."
"And what happened from there?" Mel asked.
"He flung a rag at me, called me a pig and left." Andy squeaked.
Mel walked back to the defendants table and was just about to sit before she thought of one last question.
"Oh, Andy, last question." She walked towards him smiling again attempting to calm him down. "On the accusation that you slept with the defendant's partner, if you weren't frozen as you said, what would you have told him?"
"I would have told him it wasn't true," Andy replied. "I never slept with his partner and I was surprised he thought I had."
"Thank you Mr. Thompson," Mel said. "No more questions your honor."
"Thank you Ms Marcus," the judge replied. "Mr. Schmidt, your witness."
"Thank you your honor." Ted replied and slowly stood facing Andy.
"Mr. Thompson, can I call you Andy?" he asked petulantly.
"You normally do, so what would stop you now?" Andy blurted out before realizing what he was saying.
Again the gallery responded. He hadn't meant to respond that way, but with all the emotion he was feeling he couldn't help it. How people in reality were able to keep a cool head while on the stand he had no idea. It seemed simple enough in reality but at this moment Andy wanted to scream and start attacking someone, anyone he could, he was that pissed off.
"Order! Order!" The judge called banging his gavel. "Mr. Thompson, you will address the questions asked with an answer and not with a question, do you understand?"
"Yes your honor," Andy replied.
"Very well, Mr. Schmidt as you were."
"Thank you your honor," Ted smiled, clearly loving that the judge was now siding with him.
"So Andy, you claim that you work at the Liberty Diner is that correct?"
"Yes it is," Andy insisted.
"Excellent and ah…how long would you say you've been working there? Two years, three…? Two months? How long Andy?"
Andy wanted to call Ted a few names; he knew exactly what the man was doing. But he took a breath and coolly answered.
"A day."
"A day?!" Ted overdramatized his reaction. "But the way you've been talking it certainly sounded like you've been there a few years! Are you saying you only started that night?"
"Yes I am. I was supposed to start last week however I was unable to." Andy replied and then cursed himself the moment he did.
As suspected Ted ran with this new information.
"Ah I see. And why Andy, pray tell, were you unable to work last week?"
"Because I had to go home," Andy started noting Mel burying her head in her hands and trying very hard to ignore it. "There were some things I needed to deal with."
"Right," Ted responded. "Seems harmless enough."
He started to walk towards his table, but then slowly turned back to Andy.
"Although… I am curious; indulge me…why did you have to go home?"
Andy looked at Jay and Jay looked right back they seemed to share the same expression of hopelessness and despair. He even chanced a look at Mel, for all the help it had done, she still had her head buried in her hands.
"Mr. Thompson, I'm sorry but I didn't quite catch that." Ted snobbishly stated.
"I went home because an issue had risen between myself and a few other people," Andy said at last. "Which you knew about or else you wouldn't have asked me."
He knew it was out of turn to say that last part, but by now he was so upset. Upset with B for even coming to defend himself. Upset with Mel for looking completely hopeless, but even more upset with himself for not being smart enough to see exactly where this trial was headed.
"Mr. Thompson," the judge interrupted banging his gavel over the again talking gallery. "I will not advise you again, answer only what you are asked or I will dismiss your case."
"I'm sorry your honor. " Andy replied.
Ted completely satisfied that he had riled Andy up this much was almost positively beaming. Even Linds who Andy now took a chance to look at, had a white-gloved hand over her mouth clearly laughing. B Meanwhile, Andy noticed, looked completely bored. He was twiddling his thumbs and looking up at the ceiling as though very far away from everything that was happening. Before Andy could even wonder as to why, Ted continued.
"Andy" he smiled riley "What was the issue that drove you away?"
Andy looked at the floor and as though like a band-aid figuring it would be better to just say it all quickly, blurted the next part out.
"I had just broken a good friend's heart. I noticed his partner was cheating and forced him to confess. When I saw how much this broke my friend's heart I couldn't stand to be around so wrecked with guilt I flew home."
Again Andy cursed himself. It was like talking and knowing what was going on, were two separate entities. He might as well just have handed the ruling to B.
"I'm sorry Andy, you flew home? Where exactly is home Andy?" Ted asked.
As though a tennis player who had just hit a ball into the net match point down, Andy resigned himself to his fate.
"I live in New Haven." He sighed to the audible gasp of the gallery.
"New Haven?" Ted questioned smiling as though he didn't know this already. "Wait…Andy, you live…interstate?"
"Yes."
"You don't even live here?"
"No."
"Andy pray-tell how you have work here if you don't live here?"
"My Aunt runs the diner and she put me on to work some shifts." Andy replied, still looking at his feet.
"Wonderful," Ted replied as though checking something off a list. "Your honor, I don't see how you can expect to give an intervention order to my client up-rooting his life, when the plaintiff doesn't even live here. But I'll leave that to your discretion of course. I just have one last question for the plaintiff."
"Then ask it Mr. Schmidt we don't have all day." The judge replied sounding quite bored all of a sudden.
"Andy, even if only a ball-park, when do you expect to be flying home next?" Ted asked.
"Well since my fa-cousin is now out of hospital," Andy started, noting B finally glance at him from the ceiling in shock surprise. "I suspect it won't be too long at all."
Ted smiled and nearly even laughed but held it in.
"Your honor," he snorted. "Clearly the plaintiff is simply wasting the court's time. I mean I do understand from talking with my client that Mr. Thompson has an avid love of the law and whilst I respect that, certainly your honor does not condone a trial put on wasting tax-payers money just for a bit of…a bit of amusement…"
Finally, Mel stood as though coming out of a coma.
"Objection your honor! Speculation!"
"Sustained!" the judge growled. "Mr. Schmidt if you wish to speculate what goes on in my court room, might I strongly suggest you do it at home."
"Of course your honor." Ted replied still smiling. "On another note your honor defense rests." And like that Ted took his seat next to B.
"Rests?" the judge enquired. "Mr. Schmidt are you sure?"
Ted just beamed standing up to face the judge.
"Your honor all things taken into consideration I am. There is no need for me to take out any more time from your day."
And with that he sat back down.
"Noted." The judge remarked. "Ms Marcus unless you have anything to add…?"
Mel jumped up so quickly it was almost as though she had been electrocuted.
"Just like to re-examine the witness if I may?"
"Certainly" said the judge.
Mel turned to Andy and smiled; though by now Andy couldn't care less if she was cracking open a bottle of champagne. He knew he had screwed up and had no idea why she was even bothering with the re-examination.
"Your honor, I'd just like to clear a few things up that's all. Andy?" she questioned getting his full attention. "You told Mr. Schmidt you had only been working at the diner for one day. Correct?"
"Yes, that's true," Andy answered though he was wondering why she would bring that up.
"Mr. Schmidt also informed that you may be, hmmm, what were his words?" she looked down at the papers she was holding before looking up again "Ah yes an avid lover of the law, again Andy would you say this is correct?"
"Yes, I would. I have a huge interest in US State and Federal law. It's fascinating."
Andy received a warm appreciation form the gallery for that including Jay who was smiling proudly up at his boyfriend. Ted however was not amused.
"Objection Your honor, relevance?"
But Mel was ready.
"My question to you is this, let's say you were serving on a jury and the plaintiff had only worked one day at a job before being physically assaulted. Would you automatically want to dismiss the case because they only worked one day at that business?"
Andy smiled. Now he knew where she was going with this.
"Of course not," he replied, the most confident he had this whole trial.
"And why Andy, is that?" Mel asked.
"Because the amount of time someone worked at their place of business is irrelevant to whether or not they have been assaulted." He answered.
"Couldn't have said it better myself your honor," Mel smiled while Ted looked like he was about to burst, but said nothing.
"OK Andy not too much more, but just quickly, Mr. Schmidt seemed to make a big deal about you working here in Pittsburg when you live in New Haven. Has anyone advised you if it is legal for you to do so?"
"No," Andy replied shocked, fearing he would be taken away in shackles at any moment. "No, no one advised me either way."
"Relax Andy," Mel sighed, turning to face Ted. "That's because it is not illegal to do so, provided you properly submit your tax form. Something you would think defendant's counsel would know. Don't worry Mr. Schmidt, not everyone is up to date on state laws."
The gallery, spare Linds, chuckled and Andy couldn't help join in. That was until Mel rounded onto him again.
"Ok Andy, last question. Mr. Schmidt made a big point about you leaving soon. Andy may I ask, once you have left, do you plan to come back to Pittsburg or do you plan never to return again?"
"Well my family live here, so I would plan on returning for sure."
"There you are, your honor," Mel concluded. "Whilst my client may be leaving soon, he does plan to return and as the law does not prohibit my client to work while here in the state I can only recommended that the expedited intervention order go through to allow my client to work without having to fear Mr. Kinney's presence again."
She then walked back to her table and before seating simply said:
"And with that your honor, prosecution also rests."
Mel took her seat and the Judge nearly fell over in shock of the speedy end.
"Well, er, indeed Ms Marcus it is your right to rest. Well, this was a speedy trial ladies and gentlemen." He remarked simply glowing. "I shall now retire to my chamber and consider my verdict. Ms Marcus I do understand the need for the expedited decision and will return with my verdict in one hour. We are adjourned."
With that the judge banged his gavel calling the end of the trial and left. Once he was out of the room Mel breathed a long and slow outward breath which Andy copied.
"*"
Well, that was quicker then I imagined it to be, but I think all of the important points were made for both sides and as this is not a legal book I didn't want to spend too much time in the court room, so I will advise now that you will know the verdict this time next week.
In saying that I hope you enjoyed the chapter as much as I loved writing it. Living in Australia I, like Andy, do find US Federal and State law to be quite fascinating and this chapter really allowed me to go through a very very small trial which was a lot of fun.
So what are your thoughts? Imagine you were Judge Granger, what would your verdict be? Would it be for Andy and the intervention order signed? Or would it be for B and Andy having to leave work? There are a few facts to take into consideration and I'd love to know what you'd do in this case (I already have written the verdict so it won't affect the book).
Again thank you to all you lovely people out there for continuing to read this book. I'm just so glad you love it as much as I do.
To whet your appetite: What will the verdict be? Will Andy get his order or will he be ordered away from the Liberty Diner? Also how's Micah doing now that he's out of hospital?
Find out this and more next week!