I hope you enjoy this story.
© Miguel Sanchez 2008
A Train Trip to Remember
Charlie was facing my side of the bed as I crawled in. He scooted close to me as I saw JC spoon against him from the back. "Thanks for letting me sleep with you Dad."
I kissed him on the nose then caressed his back as I slid my arm under his head. "No thanks needed son; I've had JC here plenty of times."
I held Charlie and started caressing him. The pill did its job and soon he was sleeping soundly.
The sun was coming through the blinds when my bladder woke me from my slumber. Charlie was now spooned against JC and still sleeping soundly. I grabbed my shorts and eased out of bed. After emptying my bladder I quietly went down to the kitchen and made a pot of coffee. While that was brewing, I got the phone and called Ike. I called the office not realizing what time it was so no one was there. I got my cell phone and looked up the number then quickly programmed it into the house phone. The coffee was done so I fixed myself a cup before calling Ike at home. "Hello Jerry,"
I almost chocked on my coffee. "How'd you know it was me?"
I heard him giggling. "I have your name in my caller ID. Now what has you calling me this early in the morning and how's Charlie doing?"
I took another sip of my coffee then eased down the hall and closed the bedroom door. "I had to give him a tranquilizer Dr. Finch left for him. He'd gotten upset at a news cast on the 11PM news which is why I'm calling. Did you happen to see it by chance?"
"No I didn't Jerry, what was it about?"
I sat back down then took in some more coffee. "It was a report about Telefano getting killed and, get this, someone told the reporter at the station Charlie had made a threat against him and he had made good on it."
I had to pull the phone away from my ear. "WHAT?"
"You heard me Ike."
"What channel were you watching?" Ike asked still almost screaming.
"Channel 4, why?"
Ike was still talking quite loud. "I'm calling Judge Gould. I want a gag order issued. I also want to know who this mystery person is stating Charlie made good on a threat on Telefano."
Over in another part of the city Dennis Franklin was going through his morning routine. On this day, his step was much livelier than normal. 'Hehe, I'm very happy to see the news used my anonymous tip.'
He looked at the papers he filled out once more then closed his briefcase before heading out the door. Once in his office, he took the papers out and went down to his boss's office. He knocked on the door then waited patiently. "Come in."
Dennis went inside smiling. "Morning Jack."
He looked up at the man. "Morning Dennis, what brings you here so early?"
He set the papers in from of the County Attorney. "I'd like you to sign off on those. I'm prepared to make an arrest in the Telefano killing."
Jack Malone picked up the application for arrest and looked it over. "You seem to be a little light on a few things Dennis."
Dennis sat down. "Oh, like what?"
Jack looked at the next page and read it thoroughly. "Like evidence for one."
"There was a pair of scissors found in Vincent Telefano's chest."
Jack put the papers down; "What else Dennis? Whose finger prints were on them? Do you have a motive?"
"I haven't gotten the forensics back on the scissors yet and yes, I do have a motive."
Jack sat back in his chair. "Oh and just what might that be?"
"Revenge," Dennis said smugly. "The boy made no bones about wanting Telefano dead."
Jack picked up the papers again and looked through them. "Where's the statement from a witness Dennis? All there is here is a statement from some cop who, by the way, wasn't even present. He's giving his opinion which isn't worth 2 cents. Where are the reports from the other officers who were at the scene?"
Dennis shook his head. "Just sign this Jack. Look, I want this kid in custody."
Jack shook his head. "Not with what you have here. You'll never get an indictment and I'm not spending money on a case that right now is weaker than my toilet paper."
Dennis snatched the papers up. "Fine Jack, I'll sign off on this myself. I don't need your signature."
Jack started shaking his head. "I'm afraid I can't and won't allow this Dennis. If you tried to take this to trial now, you'd be leaving this office wide open for a huge lawsuit."
Dennis stood up. "What's the matter, is the great Jack Malone afraid of a little heat? I've followed your career. I've seen the cases you've taken to trial and many of them had less than what I do."
"My past record is not up for discussion Dennis."
Dennis stormed over to the door. "I'm going forward with this Jack. The only way you can stop me is to fire me."
Jack stood and glared at the man. "Don't think for a minute Dennis I won't hesitate to do it. If you take this to trial, you better win it because I'm putting you on notice here and now. Anything less than a guilty verdict will cost you your job, are we clear about this?"
Dennis opened the door and started to step outside then paused. "Very well Jack and just to let you know, this kid is being tried as an adult."
Jack was fuming. "You realize that you're going to have to present your evidence before the head of the family court first."
"What?" Dennis screamed stepping back inside his boss' office.
Jack smiled at him. "That's right, in this state only the head of the family court can certify a minor for trial as an adult. So you better have your ducks in a row or else."
Dennis' face was so red Jack thought he was going to have a stroke. "OR ELSE WHAT?"
Jack sat down and picked up the phone. "Or else you're fired."
Dennis turned and stormed out of Jack's office slamming the door behind him. Jack buzzed another of his ADA's. "Denise, can you come down to my office?"
Denise Powell was a young and very bright ADA who had a very bright future as a prosecutor. She knocked on Jack's door then entered. "You wanted to see me?"
"Have a seat Denise," Jack said pouring each of them a cup of coffee. "How well do you know Dennis Franklin?"
She took a sip of the hot liquid then thought for a moment. "I really don't know anything about him. I've co-counseled with him on a couple of cases and one I really questioned his ethics. I couldn't prove it but I swear a witness perjured himself on the stand."
Jack went into his files. "Was that the Murphy case?"
She nodded her head. "Yeah it was. I don't know how but it did survive an appeal."
Jack found the file and pulled it out. "I see, well thanks Denise. I want you to stay close to this case he's working on; I might need you to take over on it."
"Is that the one I heard about on the news last night?"
Jack's eyes got big; "On the news?"
She stood up. "Yeah, I don't know why I did it but I taped the report. I have it down in my office."
She excused herself and walked back down to her office to retrieve the tape. On her way down, Dennis stopped her. "What's the boss want with you?"
She didn't like the look he had on his face. "We're just going over some cases, nothing important."
She quickly left and put the tape into her briefcase then returned to Jack's office. She pulled it out and handed it to him. "Here you go boss and by the way, he just stopped me in the hall asking me why I was in here."
Jack took the tape and put it into the VCR and pushed play then sat back to watch it. "I wouldn't worry about him but if you feel he's stepping out of line, I want to know about it."
She nodded her head then sat down to watch the tape again. "I'll do that Jack."
When Jack saw the reporter's last comment, he just about went into orbit; "An anonymous source close to the investigation? If I find out Dennis had anything to do with that I'll see him before the state bar. I want a gag order on this; if you'll excuse me Denise."
She got up and left the office. As she returned to her office she thought to herself. 'I'd bet money he called that station.'
Jack thought for a moment then picked up the phone. "Jack Malone speaking, I'd like to speak with Judge Gould."
He was put on hold for a minute. "Yes Mr. Malone, what can I do for our County Attorney?"
"I'd like to meet with you in your chambers Your Honor. I have something very disturbing about a high profile case and I would like you to issue a gag order."
"How interesting Mr. Malone," Judge Gould started. "Another attorney called me wanting the same thing. He's due over here in about 10 minutes. Can you join us?"
"I'll be there Your Honor."
I had just fixed my second cup of coffee when the phone rang. "Jerry, it's Ike."
I hoped the phone didn't wake the boys. "Yes Ike, what's up?"
"I'm on my way to Judge Gould's court. He's agreed to listen to what I have."
I was really surprised he was able to see him so fast. "Do you need me and Charlie there?"
"I don't think so Jerry but I'll keep you apprised of what's going on."
My ass sucked wind and I felt worried for Charlie. "Umm alright Ike!"
I hung up the phone and sat there thinking while I sipped my second cup of coffee. I was lost in thought when I felt a pair of arms around me. I looked up and there was Charlie wearing nothing but a smile. "Morning Daddy, thanks for letting me sleep with you last night."
He came around then sat on my lap then I kissed him on the cheek. "How did you manage to sleep son?"
He rested his head against my chest. "I slept better than I had in a long time."
Just then JC came in wrapping his arms around the both of us. "Hi guys, how'd you sleep bro?"
He pulled JC down and kissed him. "Like I was telling Dad, I slept great."
JC went over and poured himself a cup of coffee. "Dad, did I hear the phone ring?"
I nodded my head as Charlie stood up. "Yes you did son, it was Uncle Ike."
"What was that about?"
I didn't want to lie to him but I didn't want Charlie getting upset. I felt I had to tell him in case he heard that report after it came back from commercial. "Well son, it's like this. Somehow the story of what happened at the hospital got out and was on the news last night. I'll tell you this now, someone said that Charlie made a threat against Vincent at the hospital, and when he killed him, it was done in revenge and not self defense."
"NOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO!" Charlie wailed falling onto the floor and curling up into a ball.
I was afraid this would happen. JC set his coffee down then went over to comfort his brother. He reached out to try and cuddle him but Charlie swung catching JC upside the head, sending him sprawling backwards. JC landed hard against the cabinets. I took him in my arms and looked at him. He had a glazed look in his eyes. "JC speak to me son. Are you alright?"
It took him several minutes to come around from the blow. "Umm yeah Dad, I'm ok."
I let him rest where he was, then went over to Charlie who was still crying. "Noooooooo, noooooooo, noooooooo."
I gently rubbed his head. "I know you didn't say that son."
He tried to swing again but I was ready for it. I grabbed his arms then quickly sat on him. "Lemme go, lemme go now."
JC scooted over and took hold of his arms while I continued to sit on him. "Charlie STOP IT BRO"
He was out of control. "Fuck you JC! LEMME GO NOW!"
I'd never seen anyone like this before and I knew there would be no way I could get him to take one of the pills Liam gave me. "JC give me his arms then I need you to call Dr. Finch right away and tell him what's going on."
Charlie was really strong. JC lifted his arms up then I took hold of them forcing them down to the floor. "I'm on my way Dad."
Thank god his wrists were small and I could hold them both in one hand. With my free hand, I reached down and took him by the chin turning his head so he could look me in the eyes. "Charlie stop this now, it's Daddy."
He seemed to relax for a moment then opened his eyes. It's a good thing I didn't relax my grip on him because he started fighting again. "FUCK YOU DAD, LEMME GO NOW. I WANT OUTTA HERE, I HATE YOU I HATE YOU BOTH!
JC was standing in the doorway with tears streaming down his face. What he did really surprised me; he came over, leaned down and grabbed Charlie by the hair then balled up his fist cold cocking the screaming boy in the jaw. Charlie went out like a blown light bulb. "JC, what ever possessed you to do that son?"
He was about to hit him again when I reached out and pulled him down into my arms. "Let me go Dad, I'm OK."
I held onto him tightly then looked at Charlie. I checked for a pulse then made sure he was breathing before I moved. Since he was breathing and had a pulse, I got up. I set JC onto his feet then put my hands on JC's shoulders. "Answer me son, why did you do that?"
I could still see anger in his eyes. "No one talks to you like that Dad, no one. I got spanked when I did by Uncle Ike."
I lifted his chin up. "Do you really think that's how he feels son? Stop and think for a moment when you spouted off. Did you mean those words?"
JC was shaking from anger until my words sunk in then he started crying. "No Dad, I didn't. I could never hate you. You were the only person who gave a damn about me."
"Now, do you honestly think Charlie meant those words?"
"No Dad," he cried. "OH MY GOD DADDY, WHAT HAVE I DONE?" He fell onto the floor and took his unconscious brother into his arms as he continued to cry. "Oh Charlie, wake up please, I didn't mean it, I'm sorry bro I'm sorry, please wake up."
The sight before me had me in tears. I don't know how long Charlie was out but he slowly started to come around. I quickly sat back on him then held onto his hands. "Oh my jaw, what happened?"
I rubbed his cheek then he looked at me. "Can you tell me what you remember?"
He thought for a moment. "Oh God Daddy, the things I said, I'm sorry. I, I didn't mean it honest."
JC was still holding him too. "Oh bro, please forgive me. I'm sorry I didn't mean it."
I managed to calm them down but I was still worried. I couldn't have Charlie becoming violent because he was really strong during these fits. "Charlie, sit up now son."
He managed to sit up. "Do you remember everything that just happened?"
He blushed. "Uh yeah Dad and I'm really sorry."
I helped him up then led him into the living room. I sat him on the sofa then I heard a knock on the door. I knew Charlie was still nude but Liam was a doctor and I hoped it was him at the door. I looked out and saw his car so I let him in. "Come on in Liam, we have a real problem here."
Liam set his bag down on the table. "That's what the laddie told my nurse when he called. Now Charlie, tell me what brought this on?"
My boy looked down to the ground and I decided to answer the question for him just so I could see if he would loose it again. "There was an article on the news last night about the incident at the hospital. I thought it best if I tell Charlie about it so we could deal with it."
Charlie got up and bolted for the back of the house in tears, "Noooooooooooooooo!"
JC took off chasing after him shouting, "No bro don't."
I was hot on his heels followed by Liam. JC had gone in but stopped short of the bed. Charlie was curled up in a fetal position crying and screaming, "Noooooooo Daddy no I didn't do it like that."
I took the chance and decided to sit on the edge of the bed being ready if he came out swinging. I sat down and before I was ready Charlie was in my arms. I wrapped him into my arms and gently spoke to him. "We know you didn't son. Shhh son, calm down son and let Daddy explain."
He rolled over and tried to stop his tears. "O…ok Daddy."
I know you didn't plan on killing him, in fact I know you never wanted to see him again. That's why when you and your brother were still asleep, I called Ike."
He wiped the tears from his eyes and sat up. "Yu…you did?"
I smiled at him nodding my head. "That's right son, I did. I wanted him to know about this and to see what he could do about making sure things like this didn't happen again. In fact, he's in a meeting with Judge Gould."
When all of what I said registered he broke down again. "Oh Daddy, I called you such mean names, I'm sorry. I, I d…didn't m…mean it h…honest. I k…know yu…you m…must h…hate m…me n…now. JC p…please f…for g…give m… me. I, I d…didn't m…mean t…to h…hit yu…you."
JC was crying now. He got on the bed beside Charlie and pulled him into his arms. "It's ok bro can you forgive me for belting you?"
"I, I h…had t…that c…coming. Yu…you m…must really h…hate me t…too."
Charlie got up and looked around the room. I didn't know what he was looking for then he went across the hall and came back with one of my belts. He handed it to me then bent over. "Beat me Daddy, I deserve it. I called you and JC filthy names. Beat me then I'll leave."
I dropped the belt on the floor and wrapped him into my arms. I could barely make him out through the tears I was crying. "No son."
He wiggled loose then picked the belt back up trying to hand it to JC. JC took it from him as Charlie bent over. JC patted his brother on the butt then stood him upright. "I'll only beat you bro if you beat me first."
Charlie gasped. "No bro, I could never do that. I told you I hated you, I don't, I, I l love yu you."
JC tossed the belt out of the room then hugged Charlie. "When I heard what you said I hit you, I hit you hard then Dad made me think about what I did once. I told Dad and Dr. Finch to fuck off. Uncle Ike was there and he spanked me good for that. I'd made a mistake and I've learned from it. I shouldn't have hit you bro. I love you too, can you forgive me?"
Charlie pulled JC into a tight embrace. "Yes JC, I forgive you."
JC lifted his brother's head then gently kissed him on the lips. Charlie, almost instinctively, opened his mouth a little and soon the boys were engaged in sensuous French kiss. Just then JC stopped and stared over at Liam. His eyes dropped to the floor as he knew he just revealed his most intimate secret. He tried to run out of the room but Liam caught him. "It's OK laddie, I told ye before I understand about these sorta things. I just want the 2 of ya to be careful because others won't."
Liam walked over to Charlie then looked at me. "I think for right now, Charlie might need to be on that medication I gave you yesterday on a regular basis until all this stress if out of his life."
Charlie started shaking. "No please Doc, no needles."
Liam gently rubbed the boy's head. "No laddie, no needles unless you won't take the pill's I've given your Dad."
I could see the wheels turning in Charlie's head. "OK Dr. Finch, I promise."
In another section of downtown, Marsha Flowers was already hard at work. She dug into her purse and pulled out the tape of the interview with Charlie Green. She went into her desk and took out her little boom box and got a blank out. She put Charlie's tape in one side and the blank tape in the other, set the machine for high speed dubbing then proceeded to make a copy of the tape. While that was working, she started on her report. By the time the tape was done copying, she was done with her report. She put the copy of the tape into her purse then took the original over to the police stenographer so she could transcribe it. That took about an hour then when she proceeded to print out a hard copy of it so she could submit that with her report. She got up and knocked on her Captain's door then waited until being told to enter. "Here's my report on the incident yesterday."
He looked it over then started reading the transcript of the interview. "Is this correct detective?"
She nodded her head. "Yes sir."
The captain scanned through the interview a little more. "And where's the mother now?"
"She's in county lock-up. When I'm done here, I want to drop a copy of this off at the DA's office then head over to interview her."
The captain put all the papers together. "Where's the boy? Is he still in the hospital?"
She shook her head. "No sir, he's with his foster father. He has another foster son so maybe this will help Charlie get through this tragedy."
"Good, he needs something decent in his life now. After you've interviewed the boy's mother, I want you to head over to Channel 4 News."
She had to stop him. "Sir, isn't that in Dade County?"
He nodded his head. "Yes it is but please let me finish. Somehow, they got wind of the fiasco over at Memorial Regional and they had a reporter interview Capt. Gould. Now he didn't say anything that was really out of line. He just gave the basic facts as to what happened as he knew them. Now, it was what the reporter said afterwards that I need you to look into."
"OK sir," she said interrupting him again.
He picked up a remote and flipped on the TV set in his office then pushed play. A woman came on the screen. "In a report from an anonymous source close to the investigation this reporter learned the 15 year old had made a threat on Mr. Telefano's life and he made good on that threat."
Marsha couldn't believe what she was hearing. "Who the hell said that?"
The captain shook his head. "I don't know detective, that's what I need you to try and ascertain. Reading the interview, the boy never made any claim like that, not that I expected him to but more to the point, I want to know who is leaking what I would say is confidential information to the news media."
The wheels were turning in Marsha's head. "I just might have an idea sir."
The captain's head snapped up. "And who might that be?"
She shook her head. "I'm not ready to divulge that just yet sir, in case I'm wrong."
He relaxed. "Umm, I can live with that. No sense in ruining someone's career without hard evidence."
"No sir," she replied. "I'll let you know what I find out."
Marsha went back to her office then put the disk into her computer. She printed out another copy of the interview with Charlie then left the office. Her first stop was over to the DA's office. She headed down the hall then knocked on the door of Jack Malone. When no one answered, she went to look for someone who could help her. The first office she came to was that of Denise Powel. She knocked then stuck her head in. The ADA looked up. "Yes, what can I do for you?"
Marsha stepped in. "I'm Detective Flowers, is Jack Malone around?"
She shook her head. "No he isn't, I'm Denise Powell. Is there something I can help you with?"
"I have a copy of my report on the attempted rape of Charlie Green for him."
The ADA remembered the name. "Isn't that the same person who killed umm."
Marsha nodded her head. "Vincent Telefano and yes it is. Do you have a large envelope?
Denise dug through her desk. "Yes, here. Let me ask you something since you're familiar with this case. Do you think Charlie murdered him?"
Marsha put the papers in the envelope then licked the glue so she could seal it. She then wrote her name across the back so someone could tell if the seal had been tampered with. "No way in hell. Vincent Telefano was a real piece of work. He'd drugged the boy then planned on raping him. It was only by a miracle that passers by heard what was going on."
Denise took the envelope from Marsha. "Thanks for your insight detective and I'll see to it Jack gets this report."
Meanwhile in Judge Gould's chambers Jack Malone was coming face to face with Ike Fletcher. Jack arrived first and was led inside by the Bailiff. "Good morning Judge Gould, thank you for seeing me. Did I miss…"
Just then the door opened and Ike entered. "Sorry I'm late Your Honor, traffic was miserable."
Judge Gould smiled. "Not a problem Ike, I'd like you to meet Jack Malone, the County Attorney."
Ike shook his hand. "To what do I owe this honor Mr. Malone?"
Judge Gould took charge. "Well gentlemen, it seems you both have the same problem."
Ike was not one to mince words. "Charlie Green and the incident at Regional?"
Jack spoke up. "Yes Mr. Fletcher. Might I ask who you're representing?"
"Charlie Green and his foster father; Judge Gould, who the hell is blabbing nonsense to the media? Jerry Miles called me this morning about a news cast on the 11 o'clock news and then the reporter gave rubbish that Charlie had threatened Vincent Telefano."
Just then Jack's cell phone went off. He took it out and looked to see who was calling. "This is one of my ADA's, this could have bearing on our meeting. Jack Malone speaking."
"Hi Jack, a Detective Flowers was just here and dropped off her report on the Charlie Green case."
Jack stepped away from the others. "Denise, I'm with Judge Gould and Charlie Green's attorney. Can you open the envelope?"
Denise opened the envelope and removed the contents. After looking them over she gave Jack a condensed version. "I see, thanks for the information Denise. According to a Detective, she doesn't believe the boy threatened anyone. This was from the interview she conducted yesterday with his foster father present."
Ike was nodding his head. "Based on what I'd heard yesterday, that's all true."
"I'm sure it is Mr. Fletcher," Jack replied. "I also didn't expect an admission from him either."
Ike put up his hand. "Based on things at the hospital, that wasn't the case and things I know but I'm not at liberty to divulge. Let me ask you this Jack, is your office planning on charging Charlie with anything?"
Jack looked down then back at Ike. Judge Gould saw this as well and interrupted. "Well Mr. Malone, are you?"
Jack shook his head. "Not me."
Ike almost blew a gasket. "Who and based on what?"
Jack held up his hand. "Calm down Mr. Fletcher. I refused to sign off on the warrant my ADA showed me."
Ike thought for a moment. "But that doesn't mean he won't, will it."
Judge Gould waved his hand. "Listen gentlemen, if this case goes to trial, I won't be able to hear it."
Jack interrupted. "Judge Gould, if my ADA has his way, he's going to want Charlie Green tried as an adult and that you will have to hear."
As head of the family court, it was his job to hear all requests regarding minors being tried as adults. "I didn't know that Mr. Malone. If you want Charlie Green tried as an adult your ADA better have some solid evidence."
Ike opened his briefcase and pulled out some papers and quickly started filling them out. He signed it then handed them to Jack. "Here Jack, I'm filing an immediate motion for discovery. I want to know everything you have."
Jack started giggling. "That's not a problem Mr. Fletcher. Right now there isn't much, just the opinion of an officer who wasn't even present at the time of the killing."
"And you think you're going to get an indictment based on that?"
Jack took the papers. "Why do you think I didn't sign off on the warrant? Now Judge Gould, about the reason I called.
Judge Gould nodded his head. "Yes Mr. Malone, you'll both get your gag order. I'll have it issued right away and have it delivered to all the local news agencies."
Ike looked at Jack as he closed his briefcase. "Thanks Jack, at least this time I didn't have to butt heads with you."
Jack laughed as they headed for the door. "Oh come on Mr. Fletcher, I think once you get to know me you'll find I'm just a big pussy cat."
To be continued