Date: Mon, 12 Apr 2004 00:57:17 EDT From: Bwstories8@aol.com Subject: The Castaway Hotel - book 7, chapter 11 Legal Notice: The following story contains descriptions of graphic sexual acts. The story is a work of fiction and has no basis in reality. Don't read this story if: **You're not 18 or over, **If it is illegal to read this type of material where you live, **Or if you don't want to read about gay/bi people in love or having sex. The author retains copyright to this story. Placing this story on a website or reproducing this story for distribution without the author's permission is a violation of that copyright. Legal action will be taken against violators. I wish to extend my thank you to Emoe57 for his editorial assistance with this chapter, and Art, the real Vinnie and John for their additional input on each chapter. E-mail responses to the stories, story suggestions, or other 'constructive' comments or advice may be sent to: bwstories8@aol.com. * * * * * * * * Although the boys in these stories have unprotected sex, I strongly urge all of you out there to be smart and protect yourselves from various sexually transmitted diseases by using condoms when having intercourse. * * * * * * * * The Castaway Hotel-Book 7-by BW (Young-Friends). Copyright 2004 by billwstories Chapter 11 - The verdicts. January 2004 Once we were out in the hallway, the boys started talking excitedly to me, explaining something they had picked up on in Tim Wood's testimony - something that would mean his statement couldn't possibly be true. I quickly listened to what they told me and then considered their arguument, and quickly I realized they were correct. After reaching that conclusion, I left the courthouse, because I had things I would need to do before the trial resumed. I asked Jake to take the O'Haras and the boys out to eat, while I ran my errands, which he readily agreed to. I arrived back at court just before the trial was scheduled to restart, filled Mr. Gouldin in about what we had learned and I what I had done, so he might be able to use it, once the trial resumed. Now we all took our places, waiting for court to be called back into session. Soon the judge entered the courtroom and took his place, and then he began by addressing the prosecutor again. "Mr. Osgood, will you please call your next witness." The acting D.A. chatting quickly with his assistant before he rose from his seat and looked toward the judge. "The prosecution rests, your honor," he said meekly, startling us and causing a series of audible gasps from the other spectators in the courtroom. This actually surprised us, because we felt the prosecutor would draw out the testimony of those who knew about the animosity between my boys and the victim, and possibly even elicit more testimony about how we had pushed to get the boys expelled and then went after the Boy Scouts, because Mr. Hubbard was a scout master and both David and Tim were members of his scout troop. However, I guess Mr. Osgood felt he'd present enough of that information and decided to end on what he thought was his strongest witness to tie my boys to the crime. "Mr. Gouldin," the judge stated, after realizing the prosecution was done, "would you please call your first witness to the stand then." "Yes, your honor. The defense calls Mark Williams to the stand." Even though I had just picked Mark up from work, and there was never any plan to call him as a witness, all the boys had been listed on the witness list, as we didn't know who might remember what, when it came time to testify. Looking shy, Mark stepped forward and was sworn in, and then Mr. Gouldin began to question him. "Please state your name in full," he told Mark. "Mark Edward Williams." "And how do you know the Currie family." "They are very good friends, and I've lived with them for a while. I also work for the foundation the Curries founded." "Would you tell us what you were doing the week of the July tenth incident." "Yes, sir. I was attending a conference for work, in the Catskills." "How did you get to this conference?" Mr. Gouldin followed. "I drove." "And did you drive your own vehicle?" "No, sir," Mark answered him. "I had to borrow one of the Currie's cars, as mine wouldn't start the morning I was to leave." "I see. So, which vehicle of their vehicles did you borrow?" "Mr. Currie let me take the Grand Am." Mr. Gouldin let a smile spread across his lips, and then he turned to look at the jury, before he turned to look at the prosecutor's table. It was plain to see that Mr. Osgood was not pleased about this surprise. "And when did you leave and return?" Mr. Gouldin followed, looking very smug and confident at this point. "I left on Sunday, July sixth, and returned on Friday, July eleventh," Mark stated, confidently. Mr. Gouldin nodded and grinned again. "And do you have any way to prove that information is correct?" Mr. Gouldin continued. "Yes, I have the parking receipt from the resort." "Do you have it with you?" "Yes, sir. I do." At that point, Mark pulled some paperwork out of his shirt pocket and began to unfold it. We had gone home to retrieve those receipts, as he had kept the originals and turned in copies of them for reimbursement from work. "Would you please show those documents to the court and read the information on it." Mark held the papers out for the judge to see, and then he flashed them out toward the D.A, and finally he showed the jury, before he began to read the information on them. "These papers give my name, the room number I stayed in at the hotel, the year and description of the Grand Am, and the license plate number." "Does it have any other information, such as dates?" "Yes, sir. It says it's a parking receipt for July 6 - 11 of this year." "Your honor, I'd now like to put this receipt into evidence." Mr. Gouldin took the piece of paper from Mark and handed it to the judge, who looked it over, before he responded. "So ordered. This will be entered as defense exhibit A." Now, Mr. Gouldin turned back to Mark to ask him one further question. "So, seeing you had the car during this period of time, there was no way Mr. Wood could have seen the Grand Am with the defendants in it on July tenth?" "No, sir. The car was with me, hundreds of miles away from here." "Thank you, Mr. Williams. I have no further questions for you." I had been watching the prosecutor during the testimony and I could tell he was very flustered by this surprise, which made his star witness look like an unmitigated liar. Now he scrambled to save his case. "So, Mr. Williams, would you please tell us again why you had the Currie's vehicle." "Yes, sir. When I went to leave on Sunday, my car wouldn't start, so Mr. Currie let me borrow the Grand Am, so I wouldn't miss going. I left my car with him and he had it repaired while I was gone." Thinking he might have found an opening, Mr. Osgood followed up with his next question. "What type of vehicle do you normally drive?" "I have a Saturn, sir." Mr. Osgood looked crestfallen, after hearing his response. I think he was hoping Mark also drove a Grand Am. "And you are sure of the dates you were gone?" "Absolutely. Besides, they are written on the receipt that was just entered into evidence." "So they were," he conceded, not knowing where else to go with his questioning. "I have no further questions for this witness, your honor." As Mark left the witness chair, Mr. Gouldin turned and motioned me to come forward. As I did, the judge addressed him. "Mr. Gouldin, would you please call your next witness." "May I please have a moment, your honor?" "Make it brief," the judge responded and Mr. Gouldin turned back to speak to me. "I think we should rest here," he advised the O'Haras, Jake, and me. "We just destroyed their connection between the boys and where the incident took place, and none of your boys can really vouch for any of the accused boys during the nine to ten time span. I think it's best if we just rest now, because I think this new evidence will give the jury enough to think about and supply them with sufficient reasonable doubt to find your sons not guilty." "Are you sure about that?" I wanted to know, not sure if I agreed. I was worried we hadn't done very much to defend the boys. "It's a close call, but I want this information fresh in the jury's mind, and seeing any other witnesses we call won't add anything substantial, I think it's best if we rest now." I looked at the boys, who were listening in on our discussion, and I could tell by the expressions on their faces that they were concerned about this suggestion. After talking it over very quickly with Brandon's parents and Jake, I finally gave Mr. Gouldin our answer. "If you think that's best," I advised him, "because you know much more about criminal defense than any of us do. That's why we hired you in the first place." "Then I say we end this now." I merely nodded, and he turned to face the judge. "Your honor, the defense rests." There was a collective gasp in the rest of the courtroom and the prosecutor just looked over at the defense table and stared, as if he were trying to size them up. However, there was nothing left to size up. "In that case," the judge began, "we shall take an hour recess, while you prepare your closing arguments and I prepare my charge to the jury. Court will reconvene at that time." With that said, the judge stood up and went back to his chambers, but most of the courtroom stayed where they were, except for the jurors. They were led back to the jury room, where they would wait until the judge returned. We sat and talked among ourselves, trying to weigh the information that had been presented and speculated about whether there was sufficient evidence for the jury to find the boys guilty. While we were talking, Mr. Gouldin and the District Attorney left the courtroom, to go prepare their closing arguments. After the judge and the lawyers left, the courtroom began to clear, so we decided to take a walk, to get away from there. The fact that the Hubbards and Tim Wood were glaring at us from the other side of the chamber sort of motivated our decision. We wandered around the Courthouse Park for about a half hour, just enjoying the temperate fall day. Thinking the hour was almost up, we wandered back to take our seats, still talking about how we thought the jury would decide. We were still discussing various facts when the judge came back into the courtroom and everything went quiet again. Once the jury had returned as well, the judge spoke. "Mr. Osgood, would you please make your closing remarks." "Yes, your honor," he began, while standing up, and then he strode over, in front of the jury box. "Ladies and gentlemen of the jury. This case is fairly simple. It has been shown there was a past history of animosity between these boys, because of an incident at school, and when the four defendants finally got their opportunity for revenge, they took it. They were seen in the area just before the attack occurred, have no alibis for that time period, and have plenty of motive for wanting to hurt the victim. If you agree with these facts, you have to return a verdict of guilty." Having finished his remarks, the D.A. returned to his table and took his seat. I thought his closing was more than a little weak, probably because his star witness had been discredited, but now we all watched Mr. Gouldin, as he made his way over to address the jurors. "For one of the few times during this trial," he stated, while holding his body very erect and looking very professional, "I agree with the District Attorney. This case is very simple. The biggest piece of evidence the prosecutor had to tie my clients to this crime was an eyewitness, who claimed he passed their car after dark, while both vehicles were doing approximately 55 m.p.h. However, after he testified, we discovered he could not have seen what he claimed, as that vehicle he said he saw wasn't even in town at the time. If that's not reasonable doubt, then I don't know what is. You have no choice but to come back and return a verdict of not guilty." Mr. Gouldin gave the jury one final scan, to read their expressions, and then he moved back to his seat. There was a brief lull in the proceedings, while the murmuring in the courtroom died down, and then the judge turned to face the jury, so he could give them his charge. "Members of the jury, there are two charges involved with this crime, however before we delve into those, I must remind you that you must find the evidence sufficient to place the defendants at the scene of the crime when it was committed. You must also find, beyond a reasonable doubt, that they in fact perpetrated this crime. Now concerning the specific charges, if you find beyond a reasonable doubt that the defendants attempted to cause, or intentionally, knowingly or recklessly caused injury to David Hubbard, or that they negligently caused bodily injury to David Hubbard with a deadly weapon, then you must find them guilty of simple assault. If you find beyond a reasonable doubt that the defendants attempted to cause serious bodily injury to David Hubbard, or caused such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life, then you must find them guilty of aggravated assault. Do any of you have questions concerning my directions?" No one responded, so the judge continued. "Bailiff, will please take the jury back to the jury room and sequester them, until they reach a verdict." The bailiff did as he was directed and led the jury out, and as they were leaving, I turned to look at my accused sons, and I noted the very concerned looks on their faces. They knew their continued freedom and criminal record rested solely with twelve men and women who just left, and that was not a reassuring thought for them. Once the jury was gone, we met with Mr. Gouldin, who told us he thought we did all we could do and that he felt the verdicts should come back not guilty. I told him I hoped he was right, and now we started to exit out of the back of the courtroom, as we planned to wait in the hallway until the verdicts were announced. Mr. Gouldin told us he felt it wouldn't take the jury long to reach a decision, as it had been a short trial and very little evidence was presented that the jury would have to wade through. Therefore, we took up our vigil in the wide corridor outside the courtroom. As I looked around, I could see Mr. Hubbard, his son David, and Tim Wood sitting at the opposite end of the corridor, and they looked just as worried about what the jury would decide as we were. Every few minutes, they would turn in our direction and give us their patented glare, and it was obvious their animosity toward us only grew with time. I became involved with one of these eye to eye stare downs with David and his father, and I was determined to outlast them, but it ended when the bailiff came out into the hall to announce the jury was back and we needed to reenter the courtroom. We knew the verdict would be quick, but we thought it might take a little longer than this, so I glanced at my watch and calculated how long it had taken. The jury had been out twenty minutes or less, and I wondered if that weighed in our favor or against us. On the way back in, I asked Mr. Gouldin what he thought and he just shrugged his shoulders, saying it could go either way. We walked in and took our seats, and shortly after that, the judge entered, so we had to stand again. Once he called the court back into session, the jury was led into the jury box, and I noticed they didn't look at the prosecutor or us on the way in. Instead, the members of the jury seemed to prefer to look toward the floor or study their hands, for the most part. Once they were seated, the judge addressed them. "Madam foreperson, has the jury reached its verdicts?" "Yes, your honor," the matronly looking woman replied. "We have." "For the defendant Daniel Currie, on the charge of aggravated assault, how do you find?" I think we all held our breath at this point. "Not guilty," came the reply. We were somewhat relieved, but dared not to cheer yet. "For the same defendant, on the charge of simple assault, how do you find?" "Not guilty, your honor." I think some of the weight began to be lifted from us, and I glanced quickly at the other side of the courtroom, where I saw David, his father, and Tim Wood all looking like they had just swallowed a whole lemon. It was quite obvious they were not happy with the verdicts and they didn't consider the matter closed, at least not yet. We sat in controlled silence, while the same verdicts were read for Pat, Brandon, and Shannon, and then the judge thanked the jury and told the boys they were free to leave. I kept them all with me in the courtroom for a few more minutes, wishing to give the Hubbards and their friends time to leave first, as I wished to avoid a possible confrontation in the hallway or parking lot, which could lead to more charges. The boys were eager to get away from there, but I made them wait about fifteen minutes before we left, and I also made sure to warn them to stay together until we reached home. As I suspected, the Hubbards and their supporters were still in the parking lot when we got there, and I think they were planning to do something to our vehicles, but we showed up before they had the chance. When they saw us, and how many of us there were, they all turned and got into their own vehicles, and eventually left. Then we did the same and began to drive home, but once we were away from the courthouse, a series of excited comments and cheers began to break the silence, as my relieved crew celebrated their vindication. When we got to the house, the euphoria continued, however the discussion now changed. Instead of talking excitedly about how everything worked out to clear them, they began to wonder what would have happened if Mark's car hadn't refused to start on the Sunday before he left for his conference. In fact, they considered that quite a scary thought. "You know," Danny stated simply, "we've been thanking Mark, when we should be thanking his car for breaking down." There were a few scattered chuckles from some of the younger boys, as they didn't get his implication at first, but then the room became somber again. "Yes, I hate to think what might have happened," Brandon agreed. "We could have been convicted just because of what Wood said, if Mark hadn't had those receipts to prove he had the Grand Am at the conference during that week." "I wouldn't go that far," Jake countered. "I'm sure we would have come up with other things, which would have cleared you." "Possibly, I can't really say for sure, but I'm really glad that some of you caught that fact about the car," I told them, "because it hadn't registered with me at all." "Yeah, even we didn't catch it," Pat added. "We were focusing on how Hubbard said he had seen us and didn't catch his mistake about the car." "By the way, who DID catch that?" Shannon asked. "It was Cole," Dion boasted. "How did you pick up on that?" Ricky asked him, looking more than a bit impressed at a brother, who for the most part, had just seemed to blend into the background. "Yeah, what made you think of that?" Sammy asked Cole. "Well, it's because I always like to take the Grand Am when I need to go somewhere, and that week I couldn't do it. I guess it just made me remember that it had been gone all week." He looked slightly embarrassed by all the attention, but you could tell he was pleased that he had been the one to help the most. "Cole," Brandon began, "I think I can speak for the others too, when I say thank you for catching Wood's mistake about the car." This time, Cole was blushing and it took him a few seconds before he was able to respond. "If I hadn't picked up on that," he finally stated, "someone else would have. Maybe not then, but once we got home and started talking about it, someone would have remembered." "Possibly," Jake told him, "but we might have remembered it too late for it to be used in court. By catching it so quickly, the lawyer was able to make that his whole defense, and I really believe that's what made the difference here." "He's right," I added, supporting Jake's position. "If you hadn't caught that, the lawyer would have called a bunch of you to the stand to testify as to what all of you were doing before we left for vacation. By the time one of us had caught the mistake about the car, the jury may have been too confused wading through all the other information to see that fact clearly. Whether you are willing to admit it or not, Cole, it was your observation that helped the others to be found not guilty. The boys now slapped him on the back or made some kind of complimentary remark to him, but each of the four boys who had been accused of the crime made sure they personally thanked him for his astuteness. Although he was still embarrassed by the attention, I think he was proud of himself too, and this was a feeling Cole seldom enjoyed. Due to his early life, his learning difficulties, and problems in school, Cole had seldom enjoyed opportunities to feel good about himself. That was one of the reasons I gave in to him about the old car he wanted to fix up, hoping he could take some pride in the fact that he would have refurbished it entirely by himself, both the body and the engine. Now, I just sat back and enjoyed the fact that he was getting recognition from something other than his automotive prowess. During the rest of the evening, things began to quiet down and get back to normal, and by morning, the boys were beginning to talk about other things. We let the four college boys stay home for the rest of the week however, just to unwind and put what they'd been through behind them. Although I did this for their mental well-being, I did insist they keep up on their studies, while they were home. Brandon's parents stayed until Saturday, when they caught their flight back home. It was a relieved, yet tearful parting between them and their son, but we were all happy that this was behind us. They promised that they would come back to celebrate Thanksgiving and Christmas with us, which pleased Brandon immensely, as it meant he wouldn't have to fly there for either of those holidays. It wasn't because he didn't want to go see them, but he also missed the other boys, and this way he could be with everyone at the same time. After we saw the O'Haras off, Jake and I took the college boys back to their campuses, to resume their normal life, as students. I think by that point they were all ready to get back to school and we parted with little emotion when we dropped them off. As Jake and I drove back late Sunday afternoon, we both commented about how we had managed to dodge that bullet, and we wondered how many other scary incidents like that we might still have to face. * * * * * * * * If you have enjoyed reading this story, you will find other stories by me at 'BW's Rainbow Youth Connection,' at http://bwsryc.gayauthors.org/ You can also locate my stories by clicking on the Nifty author link and scrolling down to "BW". This will give you the links for everything I have posted there. I also love to hear from my readers and get their reaction to my stories. If you don't mind, please share whatever information you feel comfortable with, because it helps knowing my readers better when I decide what to write or how to gear it. Please email me at bwstories@aol.com and let me know what you thought, so I can do even better in the future. Thanks, Bill.