Date: Tue, 26 Mar 2013 02:12:36 -0400 (EDT) From: ErastesTouch@aol.com Subject: Different Points of View, chapter 20 Different Points of View - by Erastes Copyright 2012 by Erastes Chapter 20 – The Trial. After many delays, several new court dates and a great deal of anticipation, not all of it good, the trial was set to begin. I was a nervous wreck as the time approached and wondered not only what types of things I'd have to endure in the courtroom, but also what might happen when I was traveling to and from the courthouse. I wouldn't be alone during much of that time, since my attorney had suggested I drive to his office and then ride with him, but that was primarily to give us a chance to discuss various issues on the way in, as well as to allow him to help to keep the press off of my back. With this goal in mind, he told me that as we moved to and from the courtroom, I was to walk slightly behind him and off to one side, so he could try to shield me from the reporters and photographers, or at least make it more difficult for them to get what they wanted. I thanked Bruno for his thoughtfulness and was glad that he was on my side. The first time we began the long walk from the parking garage to the courtroom, I was certainly glad that he'd suggested this approach, because the vultures from the press were out in full force. Not only did I see the photographer who had snapped my picture as I got off the elevator for my arraignment, but video crews from the local television station were also there, as well as the reporters with their microphones. As we dodged these various individuals, I made sure that I heeded Bruno's advice and kept him between me and the scavengers who were eager to pick at what meat was left on my bones. I doubted that any of the reporters and photographers were happy with the results, as we successfully negotiated our way past them without giving them any comments and making it difficult to get any kind of decent shot of me. However, once we entered the courtroom, we didn't have to worry about the press any longer, because they weren't permitted inside the chamber. As Bruno and I made our way to the defense table, I tried not to glance at the small crowd that had already taken seats in the gallery, because I didn't want to become upset if I noticed that some of them were glaring at me. My lawyer had told me that most of today would be spent selecting a jury and nothing more than that would happen until tomorrow, so I wasn't as nervous as I might have been otherwise. A few minutes later, the Assistant District Attorney came in and seated himself at the table to our right, so now we were merely waiting for the judge to enter, so proceedings could begin. "All rise," the Bailiff announced. "Court is now in session, with the Honorable Judge Thomas Murphy presiding." Once the judge had taken his seat, we were told we could be seated again and the process of voire dire began. Voire dire is the process where the lawyers are given an opportunity to question the jurors. The questions they ask were designed to determine the competency of each prospective candidate and see if either lawyer would challenge their selection, for one reason or another. This process began with the judge asking the jury pool a series of general questions, to learn if they might have any prior knowledge that would disqualify them from serving in this case. First of all, he asked if they knew any of the attorneys involved or if they had dealt with any of them or their law firms. Those who had were then released, and then those remaining were read a list of potential witnesses and asked if they had any previous connection with or knowledge of these people. If they did, then that connection was explored and some of those people were let go as well. The judge then asked if any of the potential jurors had ever been sexually abused or had a family member or close friend who had suffered such abuse. Those who had were then released as well, since such an occurrence would put their subjectivity in question. Once those people had been eliminated, the lawyers finally got a chance to question the various potential jurors personally, to see if they wanted to challenge their suitability for serving. This process was quite time consuming and not very interesting, but the lawyers asked the judge to excuse several other people from this duty as well. During this process, the lawyers asked the prospective jurors questions such as, "Do you have children or grandchildren?" and "How would you feel if you'd discovered they had been sexually abused?" to see how sympathetic they might be to the victim or possibly predisposed against the abuser. The lawyers also wanted to know if any individual or immediate family member had been "involved in any legal proceedings, no matter the reason," to determine if those people might have a bias against the legal system in general. The people in the jury pool were then asked if they thought they could be "open minded and judge this case solely on its merits and the evidence presented, rather than on the emotional issues surrounding the case." Hopefully, that would prevent a juror from deciding the case based only on their feelings and the stigma such charges might evoke. During this questioning process, I was watching those being interrogated, as well as those waiting their turn, and I noticed a couple of them giving me very accusatory or hostile looks. I made sure to point this fact out to my attorney and then he requested that those people be dismissed as well. By the time we broke for lunch, nine jurors had been seated, so the final three and the two alternates would be selected when we came back for the afternoon session. My lawyer invited me to join him for lunch at his club, so we could discuss some other issues while we were eating. I agreed, so I followed him out of the courtroom and rode with him over to this private establishment. I didn't eat much, because I was far too nervous about this ordeal to get much down, but we did talk about certain jurors and what he expected we would need to do to win them over. We also discussed some of the jurors who had been questioned before we left, but had not yet been selected or dismissed, to see if I felt any of them should be challenged to prevent them from being seated. After going over all of these various issues, we finished our meal and then paid the tab, before making our way back to the courthouse. It took about two hours of the afternoon session to seat the final jurors and alternates, and once that was completed, the judge adjourned the proceedings for thirty minutes, so the lawyers could prepare their opening statements. These would be given when we returned and then the prosecution would be allowed to call its first witness. During this recess, my lawyer left me alone, so he could spend the time polishing up his opening remarks. I was left sitting in a small conference room, but there were no magazines to read and nothing to do there, but in a way it wasn't entirely a bad thing. That's because being in this room also kept me away from the media and others in the courthouse that might have wanted to gain access to me. Due to the absolute boredom I faced during this period, this seemed like the longest thirty minutes I think I've ever had to endure. I know thirty minutes is still thirty minutes, no matter how you look at it, but when you consider it in the context of what you're about to face next might affect the rest of your life, then each second seems to take a minute or more to pass by. When this seemingly endless half hour was up, Bruno led me back into the courtroom and the trial got underway. First, the prosecution got to give its opening remarks, so the A.D.A. stood up, strolled over in front of the jury box and prepared to give his best dramatic plea for justice. As he spoke, he walked up and down the length of the jury box and made eye contact with each juror, in an attempt to sway them over to his point of view from the very get-go. "Ladies and gentlemen of the jury," he began. "This case involves one of the most heinous crimes that could ever be committed against a minor. It is a case where an adult takes advantage of the physical and emotional needs of an underage child and uses it to his own advantage. This adult used his position, as someone who employed this boy to do some odd jobs around his house, to force the kid to also gratify his sexual urges. "You will hear testimony that will describe how he manipulated this boy and used the threat that he wouldn't be allowed to continue working for him, unless he agreed to his demands," the A.D.A. continued. "If this boy could no longer work for him, it would take away money that his family had come to depend on, so this put pressure on the child to relent and engage in certain sexual acts. Not only that, but the defendant was also careless enough to let the boy's younger brother witness one of these sessions and that minor oversight was what took him down and brought this case to the attention of the authorities. "All that the District Attorney's office is going to ask of you is that you listen to the testimony, weigh the evidence and then reach the only conclusion substantiated by the facts – that he is guilty of the crimes charged and then see to it that he is sentenced to the justice he deserves. Every child in this community will sleep better and feel safer once they know that twelve honest men and women did what they could to protect them from this evil." The Assistant District Attorney then leisurely sauntered back to his seat, but not before giving me a very cold and threatening glare. While that was happening, my lawyer rose from his seat and walked toward the jury box as well. "Ladies and gentlemen of the jury. Trials like this often elicit a certain emotional responses to the accusations, some of which can be rather extreme, and these responses tend to make jurors want to decide the guilt or innocence of the defendant based solely upon their feelings, instead of taking the time to scrutinize the facts of the case. This is precisely what my learned colleague is hoping will happen, because he's already attempted to tug at your heartstrings and gain your sympathies using the emotional aspects of the charges, rather than focusing on the meager amount of evidence that he has in this case. This is a situation where the District Attorney's office hopes your heart and gut reaction will sway your decision, rather than having you use your brains and focus on the dearth of evidence. I will try to help you separate the facts from the emotion, as well as distinguish between the truth and the fiction in this case. "I will also try to expose the distortions," Bruno continued, "as well as point out the exaggerations, so you can zero in on the lack of evidence in this case. The prosecution will ask you to accept everything they tell you at face value and not question the veracity of those statements, but I shall ask you to look beyond what is said to determine what is the truth and what has been fabricated or twisted to fit what the prosecution hopes to prove. "Throughout this trial, all the defense is going to ask of you is that you listen to the details presented and weigh the evidence, but most importantly I ask you to base your verdict SOLELY upon those facts," Bruno added. "I will also ask that you leave your emotional baggage at the courtroom door and refuse to let any preconceived notions blur your perception of the facts in this case. I implore you to base your verdict solely upon the evidence put before you and not on the highly charged rhetoric the Assistant District Attorney will spew, in order to slant your perception of these facts." Once Bruno had finished his remarks, he returned to our table and sat down beside me once again. At this point, it was the judge's turn to speak. "Mr. Levitt, you may call your first witness," he stated, addressing the A.D.A. "Thank you, Your Honor," he began. "The State would like to call Ms. Susan Kazinski to the stand." This was the woman who gave the third statement that Bruno had shown me previously. I still had no idea why she was testifying, since it seemed that most of her information was second-hand. However, she was sworn in and then the Assistant District Attorney began to question her. "Would you please state your name and occupation for the court?" the prosecutor requested. "My name is Susan Kazinski and I work as an aide at the local middle school." "Thank you. Now, Ms. Kazinski, were you the one who brought this case to the attention of the authorities?" "Yes, sir. I was," she answered, looking smug. "And why did you do this?" he asked. "What information did you have that made you report this situation?" "As I said, sir, I work as an aide at the middle school and one day I overheard a conversation between Josh Carlson and one of his friends," she stated. "From what was said, it made me realize that Josh had seen his brother having sexual contact with an adult." "Objection, Your Honor. This is hearsay testimony," my attorney pointed out. "This witness has no first-hand knowledge of any such acts." "She is only testifying as to what she heard and why it led her to file a complaint with the Department of Child Services," the Assistant District Attorney shot back. "However, Your Honor, that complaint was based solely upon hearsay information, so none of the testimony should be admissible," my lawyer pointed out. The judge thought for a moment, before he made his decision. "The objection is overruled," he stated. "The witness may testify that she heard the boys talking and what opinions she formed as the result of what she heard, as well as why and how she reported it. However, she may not give direct testimony about the content of what was said between the boys." My lawyer looked a little surprised and dejected by the judge's ruling, but he sat down again without further comment. The A.D.A. turned to face our table and gave us a little smirk, before he continued. "Now, Ms. Kazinski, would you continue, please," the A.D.A. prompted. "Yes. As I was saying, I overheard Josh Carlson telling his friend that he had seen his brother, and this man named Bob..." she stated, when my attorney cut her off. "Objection, Your Honor," he shouted. "You clearly stated the witness could not testify to what was said between the two boys, yet she's doing exactly that." "Objection sustained," the Judge ruled. "Ms. Kazinski, you may not relay the essence of the conversation you overheard, just why you took this situation to the authorities." She looked a bit confused by the judge's comment, but eventually she continued. "From what I heard, I believed that Josh's brother, who I had also known when he attended the middle school, was having sexual contact with an adult," she stipulated. "Seeing I knew Jared, the brother, was still a minor, I felt it my duty to report this to Children's Services." "So what did you do, precisely?" the A.D.A. asked next. "I went to Children's Services and filed a report," she answered. "They then directed me to go to the police station and give them a statement to that effect. I later learned that they arrested the man involved." "And why did you do this, again?" the prosecutor asked, to emphasize the point. "To protect a vulnerable minor from what I believed was a sexual predator," she replied. "Thank you, Ms. Kazinski. No further questions, Your Honor." The A.D.A. then sat down and the judge turned toward my lawyer. "Mr. Colongeli, do you have any questions for this witness?" he asked. "Yes, Your Honor. I most certainly do," he responded. Bruno then walked slowly toward the front of the courtroom and stood just off to the side of the witness stand. "Ms. Kazinski," he began, "you've said you overheard the conversation between two boys, is that correct?" "Yes, it is," she confirmed. "And this conversation indicated that sexual activities were going on between a boy and a man. Is that also correct?" he pressed. "Yes, that's correct," she agreed. "What did you do to verify that these statements were true?" Bruno followed. She looked totally bewildered by his question and didn't immediately respond. "I'm not sure that I understand what you mean," she eventually admitted. "Ok, then let me put this another way for you," Bruno followed. "Are all of the conversations you hear between students truthful? Do they ever tell each other lies?" "Yes, sir. Sometimes they tell lies, but not all the time," she answered. "And how do you determine what is a lie and what is the truth?" he pressed. "Sometimes I just know whether the things they are saying are true or not, because I have knowledge about the topic," she answered. "Ah, so sometimes you have firsthand knowledge of the facts, so you know whether what the student has said is true or a lie then," Bruno reiterated. "Sometimes," she agreed. "Did you have firsthand knowledge in this case?" Bruno pressed. "No, sir. I didn't," she confessed. "Ok, then how else might you determine if what you overheard was a lie or the truth?" Bruno continued. "Well, sometimes I ask different teachers who might know or maybe even the principal," she replied. "On a few occasions, I have even confronted a parent about what I heard." "So you know everything you hear the students say isn't always the truth?" Bruno continued. "Yes, sir, I know that," she confirmed. "Then what did you do to determine if the statements you heard in this case were true or not? Did you question the boys about what was said?" Bruno wondered. "No, sir, I didn't do that," she confessed. "Then did you confront the brother, who was supposedly involved in this matter?" he followed. "No, sir, I didn't do that either," she admitted. "Did you confront the boy's mother or the man who was supposedly involved in this situation?" he pressed. "No, I didn't check with the mother and I had no way of knowing exactly who the man was," she acknowledged. "In that case, were you even sure it was a man and not merely another boy?" Bruno pressed. "I was pretty sure it was, but I couldn't be positive, since I didn't know exactly whom they were talking about," she admitted. "In that case, did you have a teacher or the principal question the boy, his brother or any one else, to determine the veracity of these statements or discover if an adult was actually involved?" he followed. "No, sir. I just reported what I'd heard to Children's Services," she stated. "I figured they'd check to see if the accusations were true or not." "Ah, so you didn't do anything to verify the truthfulness of these statements and just passed them along to Children's Services, while leading them to believe they were true?" Bruno stated, using an accusatory tone. "I don't know what they believed, sir," she confessed. "I just told them what I'd heard." "Didn't you merely hear gossip, without even knowing exactly whom the boys were talking about, and then pass it along?" he continued. "I knew the brother, just not the other person," she confessed. "Tell me, Ms. Kazinski. Out of every ten statements you hear the children tell each other, how many of those would you consider to be falsehoods or lies?" he mused. "What do you mean?" she responded, with a blank expression covering her face. "Well, out of every ten comments you overhear at the school, on average, how many of those ten conversations would turn out to contain lies or misinformation?" Bruno rephrased. "One, two, three, four...eight? How many on average are not totally true?" "Maybe four out of ten," she replied, still looking a bit confused. "So knowing that forty percent of the conversations you overhear from the students are not true, you still reported this conversation as being reliable, without first investigating it yourself or having others at the school do so?" Bruno challenged. "Yes, sir. I guess I did," she admitted. "I just assumed that Children's Services or the police would investigate the truthfulness of what I reported before they acted upon the information." "Ah, yes, assumed," Bruno stated, adding a hint or sarcasm. "Are you familiar with the old adage about people who assume?" The prosecutor immediately jumped to his feet. "Objection, Your Honor. Is the defense attorney trying to testify now?" "I merely asked the witness a question, as to whether she was familiar with a certain expression," Bruno responded, while trying to look completely innocent of the accusation. "Objection sustained," the Judge quickly ruled. "Mr. Colongeli, I suggest that you refrain from characterizing the witness' testimony. Do you have any further questions for this witness?" "No further questions, Your Honor. I think we all see how Ms. Kazinski operates," Bruno replied. He had a very smug look as his face, as he walked back to his seat and sat down beside me. When I looked up again, I noticed that the judge was looking at his watch. "Seeing it's getting late in the day, court will adjourn until 9:00 a.m. tomorrow," he announced. "The jury is instructed not to read any articles or view any news reports related to this trial, nor are they permitted to discuss this case with anyone else. This includes spouses, parents, children, friends and each other. Court is adjourned." As soon as the judge rapped his gavel and stood up, we all rose from our seats. Right after he left the courtroom, the rest of us got ready to leave as well, and Bruno asked me to follow him, which I did without hesitation. He led me to a door at the rear of the chamber and then down a back stairway to the basement level, before heading for his car. Along the way, Bruno stated that he wanted me to meet him at his office at 8:00 the following morning, so I could ride with him to the courthouse again. That way he could help to protect me from the press and I could fill him in about anything that might have come to me during the night. I agreed, just as we arrived at his car, and then he drove us over to his office. As soon as he pulled into his parking space, I bid Bruno goodnight and walked to my own vehicle, which was parked nearby. It turned out to be a very long and disquieting night for me, as I sat alone at home. All I could think about was how my lawyer was going to cross-examine Josh and Jared tomorrow when they took the witness stand, especially after I'd seen what he had done to Ms. Kazinski. It was eating me up thinking that he was going to do something similar to those boys, whom I still cared about, but Bruno kept insisting that it was necessary. God, how I hated this! It was bad enough watching him beat up on the teacher's aide like he did, while confusing her and making her look foolish in front of everyone, but now he was going to do this to Josh and Jared as well. I know that since I'm facing these charges that I'll probably never have contact with either boy again, no matter what Bruno does or doesn't do, but even so, I was still having trouble accepting the fact that my lawyer needed to rip their testimony, and them, apart. There had to be another alternative. This continued to haunt me throughout the night and made it difficult for me to sleep. No matter how hard I tried not to think about this, I would end up visualizing both boys being on the witness stand and answering the questions asked of them by the prosecutor, while at the same time realizing they were trying very hard not to say anything that would hurt me any worse than what had already happened. Then I would see them getting riddled with questions from my attorney and painfully watched as Bruno badgered and tried to confuse them. I even cringed when I pictured him upsetting the boys to the point where they could barely think or when he made them cry. How could I let this happen? The knowledge of what was to come was eating me up inside. After what little sleep I was able to get, although it wasn't very restful, the alarm went off and I slowly got ready for another day in court. After showering and getting dressed, I had a cup of coffee and a couple of pieces of toast. That was all I thought I could hold down, since my stomach was tied up in knots, as I worried about what was going to happen today in court. At 7:30 I went out and got in the Tahoe, drove to my lawyer's office, parked my vehicle and then went inside to meet with Bruno. After a polite greeting, we went back outside and got into his car and drove to the courthouse. Bruno parked in the garage again and we got into the elevator at the basement level. The elevator stopped at the first floor, and to my surprise, a woman got on, accompanied by Jared and Josh. I discovered later she was the caseworker assigned to look after the boys during this process, since Sherry didn't feel she could afford to take time off from work to be here with them. At first the boys didn't see me, because I was standing behind my attorney, but as they stepped toward the rear of the elevator, they noticed I was there. They both stared at me briefly, like deer caught in the headlights of a car, but then they quickly looked down at the floor, not knowing what else to do. In that brief moment when our eyes met, I saw how much Jared was hurting. His eyes were red and puffy, like he had been crying, and when I looked directly into them; I could see that they were also filled with moisture. My God, this was tearing him up and he was suffering as much as I was over this situation. How could I continue to see him hurt further? It was at this point that I made up my mind. No matter what the consequences were for me, I couldn't put Jared through any more than he had already been forced to endure. I was the adult here and should have resisted his advances, but I didn't, so now I'd have to pay the piper. How do they say it on the streets? Don't do the crime, unless you can do the time. Well, I guess that's exactly what I was going to have to do now. As soon as we got off the elevator, I advised Bruno that I needed to speak with him in private, before we went into the courtroom. He looked at me with a very odd and surprised expression, but nodded his understanding, and then he led me to a small room, off to one side of the hallway. "Bruno, I want you to check with the D.A. and see if he'll offer me a plea deal," I began. "I saw the boys in the elevator and realized how badly this was affecting them, so I can't put them through any more. I'll plead guilty, rather than having them take the stand." "Bob, you can't get cold feet now," Bruno urged. "Things have been going fairly well for us so far, so it would be unwise to give in at this juncture." "That's not the point," I objected. "I told you before that I did things with this kid and I can't let you tear him apart on the witness stand, just to save my neck. I believe you saw the boys get on the elevator and observed how badly they were hurting. I just can't put them through any more than they've already had to deal with." "Are you sure about this?" Bruno asked, seeking confirmation. "I'm positive," I stated. "Please ask the D.A. if he'd be willing to negotiate, because I don't want to put these boys through any more, especially your cross- examination." "Ok, if that's what you want," Bruno reluctantly agreed. "You're the boss and it's your hide." We then walked into the courtroom and made our way to the defense table, at just about the same time as the judge entered the courtroom. After he was seated, my lawyer remained standing and addressed him. "Your Honor, may I have a minute to confer with the Assistant District Attorney?" "Yes, but make it quick," Judge Murphy agreed. My lawyer then stepped across the brief expanse separating the two tables and addressed the A.D.A. "My client wants to know if you'd be open to negotiate a plea?" Bruno began. "He saw the two boys on the elevator and doesn't want to put them through the stress of testifying or having to be cross-examined, because he knows I'm going to rip them up, if given the chance. I think he saw what I did to your first witness and doesn't want to see the same thing happen to these boys, but that's your call. How much pain do you want to cause these kids?" "That's very big of him, considering what he's already done," the A.D.A. shot back. "Look, Sam, he didn't coerce that boy into anything," Bruno pointed out. "Yes, he did something with the boy, but it was because the kid wanted to and kept asking my client to give in to his request. This guy wouldn't hurt these kids, and in fact he's proving it right now, by being willing to plead, in order to save them further discomfort. Even though I advised him against this, he's willing to go to jail, rather than harm these boys. Why don't you make me an offer I can recommend he accept? Ok?" "Gentlemen, we're waiting," the Judge prodded. "Yes, Your Honor," the prosecutor responded. "Just another minute or two, if you please, and we might be able to resolve this matter." "All right, but don't take too much longer," the Judge urged. "You know, the boy told me a similar story when I talked to him alone," the A.D.A. admitted. "He said he kept asking your client to do those things and kept at it until he finally gave in. He told me that he was willing to deny anything like that ever happened, because he didn't want to hurt your client, since he was the one who had talked the guy into doing it. He even told me in private that he wouldn't have admitted to it at all, but doing that would have made his brother look bad and he was getting pressured, so he had to choose between the two. "I'm still not sure what to do about this matter," the A.D.A. continued, "but I'm beginning to wonder if someone wasn't a bit overzealous in investigating this situation and possibly they coerced the kid into filing charges. I'm not saying your client is blameless, since what he did was still a crime, but he didn't force himself on this kid or rape him. Ok, I'll do it. Sexual abuse one, with a sentence recommendation for one to three years in prison." "You call that an offer?" Bruno quipped. "How about sexual abuse two, with a year in county jail? He's not a big time criminal and I doubt he'd survive a year or more in prison." The A.D.A. eyed Bruno for a few seconds, before he responded. "Alright, I'll agree to those terms, but he'll have to allocute to having had sexual contact with the boy," the A.D.A. insisted. "I think he'll accept that deal, but let me check with him quickly," my attorney replied. Bruno hurriedly returned to our table and told me what was being offered. Since I was ready to accept any deal they offered, I gave him my consent. Bruno now turned and nodded toward the A.D.A. "Your Honor," the prosecutor began, addressing the Judge, "I believe the Defense Attorney and I have reached a plea agreement, so if we may have a short recess to work out the details, I think we can avoid taking up any more of the court's valuable time." "You have?" the Judge asked, while raising his eyebrows and frowning. "In that case, this court will recess for an hour and then I'll expect to hear the details of this agreement, before I dismiss the jury." "Yes, Your Honor, and thank you," the A.D.A. responded. "Yes, thank you, Your Honor," Bruno added. The judge then slammed down his gavel and declared a recess and the jury was led out of the courtroom. Once the judge and jury had departed, I followed Bruno and the A.D.A. to a small office, where we hammered out the details for this deal. The A.D.A. then typed out what we'd agreed to on his laptop and copied the file onto a flash drive, so he could take it to another area where he printed it out. After Bruno read the plea agreement over, the A.D.A., Bruno and I each signed it and then Bruno and I waited in that small room until court reconvened. Once the judge entered and declared the court back in session again, he looked at the A.D.A. and spoke. "Do you have a signed plea agreement?" he asked. "Yes, Your Honor, we do," the A.D.A. told him. "May I ask what you have agreed to?" the Judge pressed. "Yes, Your Honor. The defendant has agreed to enter a plea of guilty to sexual abuse in the second degree, with a sentencing recommendation," the A.D.A. answered. "Mr. Cox, do you realize that by accepting this plea agreement it has the same effect as being found guilty by a jury?" the Judge asked, while eying me suspiciously. "Yes, Your Honor, I do," I confirmed. "In that case, your plea is accepted and recorded," the Judge ordered. "Sentencing will take place two weeks from today and a pre-sentence investigation will be required. All reports and recommendations are to be submitted to me no later than three days prior to sentencing. In addition to that requirement, I am also issuing a temporary restraining order, to prevent the defendant from contacting or communicating with the boys involved in this matter or any other child under the age of eighteen. Is that clear?" I nodded my agreement, but I also said 'yes,' so it could be recorded, and then the judge turned toward the jury and spoke. "Ladies and gentlemen of the jury, this completes your service and I thank you for your time and effort," he stated. "You are now excused." The judge then stood up and went to his chambers, after which the members of the jury were escorted out of the courtroom. Once they had gone, Bruno instructed me to follow him to the car and stated that he'd explain the details about what would happen next, after we got back to his office. Obediently I walked behind him, as we made our way from the courtroom. Once again, he took me out a back door, but this time he led me through areas I had never been in before, in order for us to avoid the press. He was very crafty in how he went about this, and rather than taking the elevator or the stairway we had used before, this time we walked down a different stairway instead, until we came to the level of the parking garage. We quickly got into his car, but neither of us said a word, as we drove back to his firm. Once we were there, he led me into his private office and closed the door, before he turned to me and spoke. "You were very fortunate that the A.D.A. was willing to accept a plea deal, especially since the trial had started, but you were even luckier that I could convince him to agree to the generous terms I'd suggested," he acknowledged. "By dropping the charge down to this lesser count, it means that you won't have to go to prison and can serve out your sentence in the county jail instead. Now don't get me wrong, because I'm not saying that is such a great place either, but it's certainly better than a state facility, where there are more violent offenders that you would have had to intermingle with. The biggest downside is that you will still have to register as a sex offender, once you're sentence has been completed." "I suspected I would," I confessed. "So why do you think the A.D.A. agreed to this deal then, if it's so much better for me?" "I don't think he had much confidence in his witnesses," Bruno announced. "He saw that we already cast doubt on his first witness and might have been worried that the jury would wonder why she chose to believe a conversation she'd only overheard, without investigating it further, since she admitted that she didn't believe everything the children said." "I was surprised the judge even allowed her testimony in the first place," I pointed out, "since she had no direct knowledge of anything that happened." "I was too, but he ruled that it was only admissible under a very narrow interpretation of the law and she could only describe what she'd heard to explain why she reported the incident to Social Services, while at the same time not being allowed to reveal what was said," Bruno explained. "I see, but she almost slipped," I stated. "I know, but we prevented that from happening," Bruno acknowledged. "I think the A.D.A. was also worried about the boys' testimony as well. He indicated that the older boy was hesitant about admitting to what happened and stated that he'd only done it so he wouldn't make his brother look bad. I think the A.D.A. was concerned about what he might say and possibly even worried that the kid would change his story, once he was on the witness stand." "I was wondering about that myself," I interjected. "After seeing him in the elevator, I had my doubts that he wanted to go through with this." "I don't think the A.D.A. had any more confidence in the other boy either," Bruno went on. "I think he was afraid that he might also change his story and claim that he'd only said those things to impress his friend, so there was a chance that you may have ended up getting off altogether." "Possibly, but I just didn't want to put those boys in that situation," I admitted. "I didn't want Jared to feel that he had to lie or be stigmatized if he didn't, because I'm certain that he realized his testimony would send me to prison." "That's very admirable of you and I hope you don't come to regret your generosity later," Bruno stated, while giving me a sideways glance. "I'll survive this better than he would have made out on the witness stand," I responded. "I hope you do," Bruno muttered. "By the way, I hope you also understand that you'll have to allocute before sentencing, right?" "Yes, I heard that too," I confirmed. "Ok, so here's what I need you to do," Bruno continued. "I want you to write down exactly what you're going to say in your allocution, so I can go over it with you and suggest whatever changes I think are necessary. I suspect the judge will go with the year in jail that the A.D.A. and I will both recommend, but you'll be out in seven or eight months, once you are credited for good time, as long as you don't get into any trouble while you're incarcerated. You should also be prepared to be taken directly to jail after the sentence hearing, so I suggest that you just wear a dress shirt and no tie that day, instead of a suit." Once he'd told me this, I thanked Bruno for not only taking my case, but for also listening to my request that I didn't want him to interrogate either Jared or Josh. That is what led to the plea agreement, after he convinced the prosecutor into taking a lesser charge and offering a reduced sentence. Even though I'll be spending time in jail, I still feel this is better than harming Jared or Josh further. After we finished up there, I went home, so I could get my things in order, before the sentencing date. I had a great deal to do and only two weeks in which to do it. The first thing I took care of was to drain my pool and cover it, because I knew the boys wouldn't be coming down to swim again and I had certainly lost interest in swimming as well. I also took all the pool toys and deck furniture and locked them in the shed, because I wouldn't be coming back until next spring. Sitting at home later that night, I began to think about how Jared and Josh were doing. I wondered if they realized what I had done to protect them today, by accepting the plea agreement and taking them off the hook at the last minute. After seeing them in the elevator, I could tell that they had both been hurt enough already and realized that if my lawyer had cornered Jared into admitting he wasn't forced into having sex with me, then that might affect Jared's situation with his peers at school. No, what I did was for the best – I was convinced of that. I would end up having to pay for doing something I knew I should have avoided in the first place, although I won't go as far as to say that it was wrong, because I don't feel Jared was harmed by what we did. In fact, I think someday Jared will even admit that he benefited from our time together and definitely wasn't injured in any way, be it physically, mentally or emotionally. After that, I prepared to call Jack Coughlin, so I could inform him about what had happened in court and arrange for him to take care of things for me while I was locked up. The more I thought about it, the better I began to feel about what I had done, by accepting the plea agreement. It wasn't that I was happy about going to jail and eventually being required to register as a sex offender, because having a criminal record was certainly going to follow me and present a whole bunch of new challenges. On the other hand, I had prevented Jared from having to go through testifying against me, being cross-examined and possibly having to admit to some things that he might regret forever, if that information was to get out. I'll do the time, as long as neither of the boys has to be scarred any further than what has already happened. I would love to hear your feedback concerning this story. Please email your comments to: ErastesTouch@aol.com Please place the story title in the subject line, so I don't accidentally delete it as junk mail. Thank you.