Date: Wed, 09 Nov 2016 22:44:30 -0700 From: h.schreiber@hushmail.com Subject: Chapter 37 of Come Christmas Steve by Hans Schreiber Come Christmas Steve Chapter 37 Adam Steps It Up It was a long night. I didn't sleep well. Before I knew it, I had finished my runny eggs and toast and I was dressing in my grey suit again. I was anxious to see my parents after what Adam had shared with me the day before. As I entered, I was pleased to see my mom and dad already there. I caught my mother's eye and mouthed the words, "I love you." She answered, "I love you so much, Shane." When Judge Stern entered and called things to order, he brought both attorneys to the bench and held a conference. I was curious about what was going on, but I knew I shouldn't bother Adam during court about it. After the pow-wow, the prosecutor started calling witnesses. "My first witness is Dr. Allen Bernstein," the prosecutor called out. A middle aged man with grey at his temples took the stand. "Dr. Bernstein, on the evening of July 12th did you examine Colt Withers for confirmation of an alleged anal rape?" "I did." "What were your findings?" "The young man came to the ER at 6:18 pm accompanied by his parents and a detective Mueller. They had called ahead and arranged for me to be there. I am the child's regular physician. Together with Dr. Patterson, an ER physician on duty, we performed a comprehensive examination and interview with the victim. The victim was distraught and shaking as he described to us that he had been forced to fully disrobe before being masturbated and having fellatio performed on him. He claimed the assailant also fully disrobed and rubbed his penis against the victim's penis. He told us that the assailant tried to penetrate his anus with the assailant's penis, but was unable to force it in. He claimed that he was then tied to a bed with ropes around his wrists and that a hair brush handle was inserted into his anus to loosen him up. He also claimed to have been forced to perform fellatio on his assailant until the assailant ejaculated, at which time the assailant withdrew his penis from the victim's mouth and finished ejaculating on the boy's face and neck." "And what were your findings when you physically examined him?" the prosecutor asked. "We performed a complete visual inspection of the boy." The prosecutor cut in, "From head to toe?" "Yes." "Unclothed?" "As required, we let him keep his underwear on until we needed to perform examinations of that part of his body, of course." "Got it. And both of you performed the inspections together, confirming the results?" "Yes." "Good. I'm sorry for interrupting. Please continue with your findings." "No problem. We did a visual from head to toe, and we inserted a speculum into the victim's rectum and examined his intestinal walls. There was evidence of some contusion and small lacerations in the intestinal lining in the area three to five inches deep. There was no visual evidence of foreign fluids. We took pictures of the lacerated and bruised area with a colposcope. We swabbed the victim's anal cavity, nostrils, ears, mouth, and urethra. We took a hair sample from the right side of his forehead, which is where he indicated the assailant's semen had splattered on him. We also employed a Wood's Lamp, which is a specialized ultraviolet light, to look for any signs of semen residue on his face and neck, and on his torso near the genitalia. The swabs were packaged according to the requirements in the rape kit instructions and given over to the detective in charge. The Woods Lamp did not reveal any detectable semen produced by either the victim or the assailant, however." "Would you say that the deep bruising and tearing of the rectum was consistent with an object the size of a hair brush handle such as this one?" The prosecutor held up the hair brush taken from my bathroom and was the one used in the picture of Colt, which was posted to the internet. "Yes. In my opinion, that could have been the cause. However, it is incorrect to categorize the injuries as deep bruising and tearing. It was minor bruising and very thin lacerations. This was not a brutal invasion of the rectum, but a rather mild one." "Thank you for the clarification. When you visually inspected the boy's body, did you find any other marks or signs of any abuse?" "Only one significant item. There was a small, lateral scab directly above the base of the victim's penis. Other than that, he had some bruising on his legs and arms and back, but they were not large and they were not fresh." "Did you inquire where that all came from?" the prosecutor asked. "Yes. The victim told us that he had accidentally cut himself there a few days earlier while carving a bar of soap in the bathtub with a pocketknife. The wound was consistent with that explanation. As for the bruises, he is an active boy and I know that he rides bulls in junior rodeos and I have observed such bruises on him before." "Thank you, doctor. Your witness." Adam rose and reviewed his notes. "Dr. Bernstein, you testified that you have been the accuser's physician for several years. What is your primary area of practice?" "I'm a family practitioner." "I see. How many rape kits have you administered in your career?" Adam asked. "This was my first time, actually. The instructions and checklists are very complete and detailed." "I'm sure. You testified that the tiny lacerations and bruising were such that they could have been caused by the hair brush handle that was confiscated from the defendant's bathroom. Why did you think that such a smooth handle would cause lacerations?" "Well, I can't specifically say about that. Possibly from tearing when being moved back and forth. The rectal lining is very delicate. The depth of the injuries is what led me to that conclusion." "But you just clarified to the prosecutor that the insertion and invasion, as you called it, was not violent, but gentle. That seems inconsistent that it would cause small lacerations, doesn't it?" "Yes. That would seem to be true. I can't specifically say why the lacerations were caused for certain. I only know they were present and we documented them." "As part of the rape kit, you performed your interview of the patient before, during or after the exam?" "Before. That's the order of things." "So you had a predisposition of what you should be looking for?" "I suppose. That doesn't change what we did find." "You told us that the accuser claimed to have an older teen's semen spilled in his mouth and then cover his face and neck. Can you show us the approximate area on your own face and neck that the accuser claimed to have been covered in?" "About like this." The doctor traced an area from mid forehead, down over the cheek, onto the neck and back up over half the nose. "Colt showed us the area with his finger in this same manner." "Okay. That is why you swabbed all the cavities on the face and took the hair samples, I presume." "Yes. That's right." "Very thorough of you. Commendable." "Thank you." "You saw no visual evidence of foreign fluids. Did that seem odd to you?" "Not really. There was no anal penetration by the assailant's penis." "The accused's penis, do you mean?" "Tomato, Tomaaato," the doctor answered. No one laughed. "How many times did you have to go over the accuser's accounting of the events?" Adam asked. "One time. He was very clear on what had happened and in the sequence. Maybe we asked some clarifications here and there, but he was pretty sure about what happened to him." "Did that seem odd, that if he was visibly upset and even shaking, he could still provide so many details of a very distressing, traumatizing series of events?" "No. It seemed like he was very sure of what happened to him." The doctor flashed a glare at Adam. "You only found the one scabbed laceration above the boy's penis and no other markings on his skin besides normal boyhood bruising that were not fresh?" "Correct." "So there were no signs of struggle?" "No." "And no signs of rope marks on his wrists where he claimed to be tied to a bedpost?" "No." "And no signs of handling by being held down against his will as he claimed?" "No." "Thanks. I'm done." The prosecutor's next witness was the ER doctor. He told the same story, almost verbatim with one exception. The prosecutor asked him how many rape kits he had administered and he answered well over twenty, but he wasn't exactly sure. Adam then asked the same questions of him as he had asked the other doctor and got pretty much the same answers. Following the doctors, the prosecutor called Mrs. Withers to the stand. She was nervous and trembling slightly as she swore in. "Mrs. Withers, I know this is difficult for you as a mother. If you need a break at any time, let me know." "Okay," she answered meekly. "Please describe what happened on the early afternoon of July 12th." "My son, Colt, rode up to the house on his bicycle. He'd told me that he was going on a long ride earlier that morning." "Was he in the habit of doing that?" the prosecutor interjected. "He started doing it about six weeks before that. At first I didn't want to let him, but he complained to his father, who said I shouldn't baby him so much and to let him be." "How long did he usually go riding for?" "Two hours or so." "Okay. Tell us about his arrival home on July 12th." It took a moment for her to bridle her emotions. "He came in and rushed straight to his bedroom. He was obviously upset and I followed him up. He was on his bed, crying. I asked him what was wrong and he said it was nothing. Of course, I knew better. I made him sit up and look me in the eyes. I promised him that he could tell me no matter what it was. I was stunned to hear what he ended up telling me, He even sugarcoated it, telling me only a small portion of what was actually done to him." She had to pause. Her lips were quivering. "I understand how hard this is. Tell us, as best as you can remember, what your son told you." "He said he had gone over to Shane Steele's house. He said that Shane had promised him a condom that he could take to the rodeo and show off to his friends and brag about having sex with some girl from school. He told me that when he got there, Shane made him take his clothes off so he could demonstrate how to put a condom on. He started crying, and I held him until he calmed down. When he got control, he told me that slimeball took all of his clothes off, too, and then held my boy down. He rubbed his penis against my son's penis. The rest of what happened, I didn't find out until later after the detectives came and questioned my son." She started to whimper. "I shouldn't have listened. I shouldn't have let him go off on his bike for such a long time like that." "Had you noticed a change in his demeanor or behavior in the time that he started going on the bike rides?" the prosecutor asked. "Yes. He seemed edgy and would lash out. My husband is ..." She looked over at the big sheriff. "Well, he is very firm and has high expectations. I assumed Colt's behavior was a result of reaching puberty and from going through the normal teenage rebellion stage." "What time was it that he came home?" "Around noon-ish. I'm not exactly sure." "But you didn't call your husband for two full hours to ask him to come home. Why?" the prosecutor asked. "Colt begged me not to tell his father. He was afraid of what he would do. Of course, I knew I couldn't allow that. It took me a couple of hours of talking with him to help him realize that his father had to know and to convince him that his dad wouldn't think he was gay because of what happened." She glared at me. I felt the full power of a mother's fury burn through me. I instinctively gulped. "So you persuaded your son that you had to report what had happened to him?" "No. I finally gave up persuading him and simply made the call in spite of Colt's pleas for me not to. But just like I told Colt, even though his father was furious over what happened, he did not turn on Colt." "What did your husband say to Colt when he came home?" asked the prosecutor. "He told Colt that was exactly why he'd warned him about gays. They couldn't be trusted. He blamed himself for not keeping better tabs on Colt and I agreed. That caused some arguing. When we all calmed down, my husband called his office and I got a sitter for Sammy, our younger son. Two detectives arrived shortly after that and they interviewed Colt. More information came out of that interview and we learned just how extensive the abuse had actually been. My husband was furious over it and lost his temper. One of the detectives took him outside and spoke with him privately until he calmed down." "I'm sure this must have been difficult. Did Colt's account of what happened change from what he told you and what he told the detectives?" "Umm, I told you that Colt told the detectives the rest of what happened. Colt had been afraid to tell us all of it," she explained. "But of the part that Colt did reveal to you and your husband, did any of that change when he told the detectives?" he asked. "No. None of that changed. He's never changed his story of what happened." "And what happened after the detectives finished their interview?" the prosecutor inquired. "One detective left to join the arrest team, and the other one accompanied us to the hospital so that Colt could be medically examined. We arranged for Dr. Bernstein to meet us there so that Colt would have someone he could trust doing that." "Were you in the room during the examination?" the prosecutor asked. "No. My husband was. I didn't want to add any more embarrassment for poor Colt so I waited out in the lobby area." "How have things been with Colt since? Has he settled down or is he still experiencing trauma?" "He's definitely calmer than he was at first, but he's still not his happy-go-lucky self. He still breaks out in tears for no good reason sometimes. He's been stigmatized at school and we've had to start homeschooling him. Shane Steele pretty much ruined my son's childhood. We have Colt meeting with a child psychiatrist and a church counselor, so that should help. We are hopeful he can get past this and have a normal adult life and family." "Thank you for your testimony," Prosecutor Thompson said sympathetically. Adam asked if he could approach the witness box and the judge allowed it. Adam walked thoughtfully toward Mrs. Withers. "How old is your son, Colt?" Adam asked. "He's twelve." "Has he reached puberty?" "I think so. He shows signs of it," she answered warily. "Have you or your husband provided him with any sex education instruction?" "I haven't. I don't know about my husband. Nowadays, sex-ed pretty much happens in school hallways or from television." "Sad but true, I suppose. Is that how you and your husband have decided to handle it? Let him learn it on his own?" Adam asked. "We haven't really discussed it. I'd leave that up to him," she responded. "Him meaning Colt or him meaning your husband?" Adam inquired. "Meaning my husband. How my husband handles that with our boys is up to him. I wouldn't get involved in that." "Does Colt know what it means to be gay? Is that a concept that has been discussed in your home?" "Yes, a lot. My husband is very clear about how wrong it is for boys to have sex with other boys." "So the concept of what sex is and what boundaries there are for it has at least been discussed generally, if not specifically. Is that fair to say?" Adam asked. "I guess so. Yes." "If Colt had questions about sexuality, would he feel comfortable talking to you about them?" "I don't know. Probably not." "Would he feel comfortable talking to your husband? Do they have a close enough relationship that Colt could go to him and ask questions about sex?" "I don't know. Maybe. Probably. Sure. He's his father." "Mrs. Withers, would you say that there is friction in your home?" Adam prodded. "What do you mean?" she asked defensively. "Do you and your husband have frequent arguments? Is there yelling taking place between your husband and yourself or between your husband and the children?" "Sometimes. It's not abusive or anything if you're implying that. Brahma's a good man at heart. He always wants to protect others from predators like Shane over there and that's why he chose to be a sheriff. That's why he got so angry that he couldn't protect his son." "I'm sorry; did you call him 'Brahma?'" "Yes. That's what everyone calls him. It's a nickname from when he was a boy riding bulls. He doesn't like his given name, Pat." "I see. How many times would you estimate that Brahma has hit you and Colt?" Mrs. Withers tensed up and she looked over at the Sheriff. "Never," she squeaked. "Never?" Adam asked. "No. He wouldn't do that." Adam asked to approach the bench and he conferred with the judge, who signaled for the prosecutor to join them. The prosecutor came to the bench to join the discussion. The prosecutor shook his head in opposition and Adam waved his hands in broad strokes as he spoke. We could only speculate over what the conversation was about. After the conference, the judge instructed the bailiff to clear the court of all spectators for the remainder of Mrs. Withers' testimony. The Sheriff did not leave without boisterous complaint. The judge's threat of contempt finally shut him up. When that was all over with, Adam returned to speak with Mrs. Withers. "I'm sorry for this, but I think it is best for your welfare, and Colt's, to speak without fear of reprisal. I ask you again, whether or not there is an inordinate amount of arguing and fighting within your home?" "I suppose, but it's not an abusive level. Brahma is just a very quick tempered person. He has short flashes of anger but in the end, he's very caring and understanding." "And he has hit you before, has he not? I have here an incident report from the Sheriff's Internal Affairs Department where your husband was disciplined over a domestic violence incident on which you chose not to press charges on. So did you report that he hit you?" Adam asked. "I did. I overreacted. It only happened once. He learned his lesson and it wasn't really all that bad." Mrs. Withers choked back tears. "And as part of that disciplinary action, your husband agreed to assist with a church sponsored, battered women's shelter?" "Yes. He still does that voluntarily on Wednesday's even though he doesn't have to anymore. He doesn't make it public because he just wants to serve without getting recognition for it. That's the real man that Brahma is. I'm proud of him for how he dealt with it." "He meets with Reverend Lewis, the minister of the congregation that sponsors the Mulberry Street Shelter, every Wednesday. Is that correct?" Adam asked to clarify. Acting surprised that Adam knew which shelter and the Reverend's name, she took a second to respond. "Yes. That's right." "And after that, he never hit you again? Ever?" Adam pursued. "No. Never again." "Did he threaten to?" Adam asked. "Not really, no. No." Again it was not particularly convincing. "Did he ever strike or physically harm Colt?" Adam asked. "No. I mean he yells a lot, but he'd never harm his boy." It sounded equally unconvincing. "Your honor!" Prosecutor Thompson objected. "Who is on trial here? The perpetrator or the victim's parents? I think we've been more than patient with this line of extraneous questioning." Adam started to rebut until the judge held his hand up to stop him. The judge paused a long time and was thoughtful. "I'll allow it, but it does need to find its way to a point of relevance." "It will, your honor," Adam promised. He then continued. "Colt was found to have day's or week's old bruising on his body that the doctor attributed to his bull riding and being a normal active boy. He testified that he'd seen such bruising on the boy before. Was that all from bull riding? Or were some of those bruises inflicted by his father? Be honest." "I never saw Brahma hit Colt," she defiantly responded. "You never saw it, but you know it happened?" Adam pressed. "I never saw it. I don't think it ever happened. If I never saw it, how could I know?" Adam paced and let that linger like a smelly fart. "Mrs. Withers," he said more calmly, "do you love your son?" "Of course. More than anything." "Would you do anything you could to protect him, then?" Adam asked. "Yes. Anything. I only wish I had done a better job of protecting him against that slimeball." She pointed at me. I had become a slimeball. I was no longer human in her eyes, I was a snake or a monster of some sort. "Does Colt have a pocketknife?" Adam switched direction. "Yes. Several of them." "Does he know how to use them safely?" "Yes. His father is very big on gun and knife safety." "Stands to reason, being a Sheriff," Adam commented. Then he asked, "Does Colt still take baths regularly or does he usually shower?" "He showers." "Does he ever take baths? When would you say he switched from baths to showers?" Adam asked. "A couple of years ago." "Did it seem strange to you that he claimed to have wounded himself directly above his penis by using a pocketknife to carve a bar of soap?" "A little, I guess." "Were you aware of this accident?" "No." "Have you ever known Colt to make carvings out of a bar of soap?" "No." "Ever found any soap shavings in the bathtub or shower or anywhere in the house?" "No. Boys do crazy things sometimes," Mrs. Withers suggested. "Naturally. Has Colt ever lied to you?" Adam asked. "Don't you have kids?" she asked in return. "All kids try to lie to their mothers, especially at his age." Adam smiled. "Has he ever done it successfully? Or can you usually tell when something doesn't add up?" "A few times he's been able to fool me and then I've found out it was a lie. I'm sure there might be other things I never caught him at, but only little things. Nothing big." "You mean nothing as big as telling you that he was going for long bike rides when he was really going off to engage in sex play with an adult?" Adam asked. That stunned her. "Yes. I guess I was fooled by that." "Would say that was a big one?" "Yes. That was a big one." "Would you generally say that you can tell when Colt is not telling you the truth?" Adam asked. "Yes. I normally get a mother's intuition about it. Little things don't add up or I can sense it from the way he is acting," she said. "Have you had any intuition about the things Colt has told you about this case?" "No. The evidence is there. I know my son, and on that day when he came home, missing his underwear, underwear that was found under that slimeball's bed," she spat out, pointing a quivering finger at me. "On that day, he was really upset. He wasn't acting or pretending, Mister Lawyer, he was scared as hell and he was really, really torn up inside. He was hurting and he still is. That was real. That was very, very real!" Her words were impactful. The judge who had been scribbling notes throughout the trial, stopped and stared intently at her. Adam paced a minute and then asked, "I believe you witnessed very real turmoil in your son. Have you considered that the turmoil might be coming from another source? Have you considered that my client might simply be the easy target to deflect from the real abuser? Can you imagine who might want to conveniently frame Shane to avoid admitting his own guilt?" "What are you implying? NO! NO! You're saying my husband sexually abused his own son? NO! Your client did it! Don't you try and blame my Brahma. Don't you dare say that! That's, that's crazy. NO!" "I didn't suggest it was your husband, Mrs. Withers. You just did." "What? NO!" The prosecutor was shaking his head and rolling his eyes. The judge scowled at him. "Okay, let's calm this down a little bit. Let's change the discussion," Adam said in a tempering tone. "In his testimony during the preliminary hearing, your son testified that he had never been to the Steele house and that he had never been inside it before July 12th. Why do you think he lied about that?" "He didn't lie. Why do you think he lied?" she asked. "Because you know that back in May of this year, Colt was brought home by Mrs. Steele and her two sons, Billy and Shane. Colt had been to the Steele's home and inside their house to seek advice from my client on how to handle a developing sexual situation between Colt and one of his friends." "I don't recall anything like that happening," she abruptly lied. She was not a good liar. Colt didn't inherit that trait from her. Adam looked stunned. "Under oath, and penalty of perjury, you're telling us that never happened?" "I'm saying I don't remember it," she wiggled. Adam smiled. Adam turned and stared down the prosecutor. He glared back with an ever so slight smirk. "Okay." Adam paced again. "We can revisit that later. Do you know where Reverend Lewis and your husband, Brahma, hold their weekly meetings about the women's shelter?" "No. At the church, maybe." "Do you attend Reverend Lewis' church as a family?" Adam asked. "No. We don't go to church." Adam moved on again. He seemed to be skipping around, but it was relieving to me that he seemed to really be working hard at arguing for my side finally. "Were you aware of your husband's intense fascination with the boys home sex scandal that involved my client?" Adam inquired. "Yes." "Why do you think he was so fascinated with it?" "I suppose because it hit so close to home. It's all just so disgusting." "Indeed it is. Did your husband require Colt to watch news reports about that case?" Adam asked casually. "Yes. He thought it would be a good way to impress on Colt's mind the dangers out there and what can happen if you get involved in anything gay." "Did you agree with your husband requiring that?" "Yes." "Would you say that Brahma is very opposed to gays and the gay lifestyle?" She laughed. "Yes. I would sure as hell say that. He hates the whole idea of it. We both do. It's unnatural and against God's plan." "Oh. You believe in God?" Adam asked. "Yes." "I thought you said that you weren't religious?" "I said we don't go to church. That doesn't mean I don't believe in God. I just don't believe in all the gobbely-gook you get in church. I live by the word in the Bible. That's all I need." "I see. Eye for an eye and all that?" Adam queried. "I guess." "Would you approve of gays being beaten up or killed?" "No. That's extreme." "What about your husband, did he believe in that?" "No." "Did your husband ever vocalize his hatred toward gays in front of Colt?" Adam asked. "Yes. He let Colt know how he felt about gays." "Did your husband ever threaten to harm Colt if he ever did anything gay?" "No. C'mon. Don't start with that again. Maybe in a joking way, but he'd never seriously hurt Colt." "Did he ever threaten to cut off Colt's penis, if he ever caught Colt doing anything gay?" Adam asked. "Remember you are under oath and there are a lot of witnesses left to testify." "I don't remember ever hearing anything like that," she said, subdued. "Did you ever catch your son acting out in a gay situation with another boy? In his bedroom perhaps?" Adam set the hook. "What? Did I?" "Did you ever walk in on Colt in his bedroom while he was exposing himself to another boy and while the other boy was exposing his genitals to Colt?" Adam pressed. "The truth, Mrs. Withers." She dropped her glance. She looked up at the judge, then at the prosecutor and then at the door where her husband had been escorted out of. "I can't answer that." "Can't or won't?" Adam asked. "Can't." "Why not?" Adam asked. "Please sir, I can't." She looked pleadingly at the stone-faced judge. "Answer the question truthfully, Mrs. Withers." "Will Brahma know how I answered?" she asked. "No. Not unless you tell him. These proceedings will be sealed. Your husband will not have access to your testimony here. Answer honestly," Judge Stern instructed. "Yes." She cried and pulled a fresh Kleenex from the box. Adam paced and allowed her time. "Did the boys have erections when you walked in on them?" Adam asked. "Yes." "How did you react when you caught them?" "I was upset. I yelled at them to stop. I told them to pull their shorts back up and told Scott I was going to call his parents. The boys begged me not to." "Who is Scott?" Adam asked. "Colt's friend. The one he was, umm, playing with." "Did you call Scott's parents?" Adam pursued. "I called them and told them that Scott couldn't spend the night after all because something had come up. I never told them what actually happened. They came and picked Scott up and asked if everything was all right, and I said it was and left it at that. Then I told Colt I was going to have to tell his father about it when he came home and Colt freaked out on me and ran out, got on his bike, and rode off." "Did he come back home?" Adam asked. "Yes." "On his own?" "No," she muttered. Colt's poor mother was staring at her feet as she answered. "Have I helped jar your memory of when Colt was brought back home by Mrs. Steele and her two sons?" Adam asked. "Yes," she muttered. "He went there. He was afraid of what his father would do to him because he was being gay. He thought Shane could give him some advice about what to do because he knew that Shane was gay from the television reports his father made him watch. They brought him home." "Had he been in their house when he was over there?" "I don't know for sure. If Mrs. Steele says so, then I guess he probably was." "Did Mrs. Steele tell you that she and Shane counseled with Colt to trust you?" Adam asked. "Yes. She talked me out of telling Brahma about what had happened. I wish she hadn't. If she hadn't, maybe this nightmare wouldn't have happened to Colt. Brahma would have put his foot down on Colt so he wouldn't have dared go back around him." She glared at me again. "What did Mrs. Steele tell you that convinced you to withhold the information from your husband?" Adam asked. "She told me that as a mother, we needed to be a buffer sometimes between our children and our husbands. She said men are sometimes too black and white, and a little grey is needed sometimes in life. She also told me to consider whether I would still love my son if he were gay. I asked her if she still loved her son even though he was gay and she took my hand and told me that he was an inseparable part of her. She said, 'Every child we give life to and nurture becomes a bond that cannot be broken' and she also said that she didn't love her son any differently from her others. Then she asked me again what I would do if my son really was gay. I told her I would still love him, but I would have a hard time understanding it. She told me that took her some time also, and that it was still a process for her, but it could never overwhelm her love for him. Then she asked me if I had even the slightest worry that Brahma could hurt Colt, physically or emotionally, over this normal, youthful curiosity that I had witnessed. I couldn't answer honestly that I didn't fear it. I realized I was more afraid for myself for what he might do if he found out on his own and knew I'd kept it from him. So I decided not to tell. No one else knows what Colt and Scott did together. I'd like it to stay like that." She looked down. I felt a welling of joyful tears over this validation of my mother's love for me. For that one revelation alone, I was thankful that I chose to go through the trial and not plea out. Chills ran down my spine and a peaceful warmth enveloped me. Adam let the emotion linger for a bit, then asked, "Did you know that Colt lied to Mrs. Steele about why he was over there at the house that day? Did you know that he claimed he was there to get some of his older brother's things back from Shane?" "Yes. Mrs. Steele told me that." "Did she also tell you that she thought he was a pretty skilled liar?" Adam prodded. "She did." "Do you agree with that?" "I guess he can be sometimes. But not about this. I don't believe he is lying about this. What he said happened to him really happened!" "Did you speak with Colt about why he'd actually gone over there?" Adam asked. "Yes." "What did he tell you?" "That he was scared about being gay. That he was afraid of what his father would do." "Is it fair to say, that he needed guidance about sexual confusion and didn't dare to go to his father for advice?" "Yes." "Did Colt tell you that he had asked Shane several times for advice over his sexuality concerns?" "Yes." "Did Colt seem afraid of Shane at that time?" "No. Not at that time." "No more questions," Adam said softly. With that, the judge ordered a lunch break. Adam had sandwiches for us in one of the consultation rooms. "Damn, Adam. You killed it in there," I said. "No. I scored a small gain. If that had been in front of a jury, maybe it would have more weight, but Judge Stern is very analytical. He's not going to be swayed by emotion. I planted some doubt. What I really did was set Mrs. Withers up to start doubting her son's story. Hopefully, as the evidence unfolds, she will be our jury and she will figure out that Colt is being manipulated by her husband. That's our best hope." "Really?" I asked. "That was all about her, not the judge?" "Yes. You handled yourself well through all of that. Keep it up." Adam patted my shoulder and then excused himself. He had to meet with his assistant, Michael and Mrs. Whittaker. I ate the rest of my sandwich and chips. I savored the can of Pepsi as if it were a fine wine. All too soon, we were back in court. Both sets of parents included. There was a visible icy barrier between Mr. and Mrs. Withers. The next witness was the detective who interviewed Colt at his house. He testified about meeting with Colt's parents and then talking to Colt in private. He told how the other detective had to take Sheriff Withers out to calm him down. Then we all listened to the taped interview with Colt. Colt had done a convincing job of telling the same story. To me, it had a rehearsed feel to it. I thought I may only have heard it like that because I wanted to hear it that way. I knew it was full of lies, but I was the only one in the courtroom who had that certain knowledge. Everyone else had to draw their own conclusions. Adam surprised me with no questions for the detective. I guessed he didn't want to drag it out any longer. The interview had lasted well over an hour. "I call Mrs. Thurgood," said the prosecutor next. "Mrs. Thurgood, do you recognize the defendant, Shane Steele?" "Yes." "Please tell the court where you recognize him from?" "He attended a junior rodeo that my son, Scott, and his friend, Colt Withers, participated in." "What date did that occur?" the prosecutor asked. "May 3rd." "This year?" "Yes. This year." "Did you speak with him?" "I did." "Why was that?" "When Colt was riding his bull, after the horn sounded, he jumped free but the animal kicked him in the chest. Luckily he had a protective vest on, but it knocked the wind out of him good. So dangerous. When that happened, the defendant there, jumped up and yelled Colt's name out. We all went up to the arena fence to get a better view and I asked him if he knew Colt?" "And what did he tell you?" "He claimed he was a family friend and said his name was "Daniel" and told me that it was a bit of a surprise for Colt - his coming to support Colt - and asked if I'd keep it a secret that he was there." "He said his name was "Daniel?" Are you sure he used that name? The same name as the other victim in this case?" the prosecutor asked. "Yes. Quite sure. Quite sure. 'Daniel', yes." "Interesting he would choose that name as his alias. Anyway, how did he seem? What was his demeanor like?" "He was very polite but seemed quite nervous and in such a rush. He excused himself and ran off in a flash," she responded. "And he asked you not to tell anyone he had been there?" "Yes. He did that. He definitely emphasized it was to be a secret." "Thank you. That's all from me." Adam stood and addressed her from our table. "Did you tell anyone about that encounter?" Adam asked. "I didn't but both of my daughters told my husband about him being there. They thought he was handsome." "Your husband had made friends with Sheriff Withers, had he not?" Adam asked. "Yes. They had a somewhat new friendship developing." "Did your husband tell Sheriff Withers about this Daniel person being there?" "Yes. The next morning, when Sheriff Withers came by to pick up his son, Colt. My husband let him know that Daniel had been there." "What was the Sheriff's reaction?" "Curiosity, I would say. Yes, curiosity for sure. He wanted a description of Daniel and then thanked us for letting him know about it." "Did he seem upset or angry over it?" Adam asked. "I wouldn't say that. No. Just very curious." "And this was on Sunday, May 4th, correct?" "Correct." "Something else. Your boy and Colt made friends at school, is that right?" "Yes. They have gym class together." "Do you approve of the friendship?" "Yes. We have tried to give it a little break lately, out of respect to them with all this legal trouble going on. So sad. So sad." "Did you ever allow Scott to spend the night at Colt's house?" Adam asked. I glanced to peek at Mrs. Withers. She was nervous. "We tried one time, but they had some family emergency come up and Scott had to come home early." "Okay. Did Colt ever spend the night at your house?" Adam asked. "Yes. Yes he did. Well, the night of the rodeo as you know. I believe twice since then. Yes, twice. Quite sure it was two times." "Did they stay up late chatting together?" Adam asked. "Boys will do that, won't they?" "Yes. Yes, they will. That's all. Thanks." The next witness for the day was a forensic scientist from Billings who was the contracted expert for the Sheriff's department. "Mr. Trumball, please inform the court of your position and credentials," the prosecutor requested. The man droned on about his experience and contracted position with Billings PD who also shared him with other agencies in Montana. Mr. Trumball was in his sixties. He had wiry grey hair that scattered itself outward from his scalp on both sides of a shiny bald crown. It was as if weeds were allowed to grow from his scalp unchecked. He had a pudgy, red nose and thick rimmed glasses. "Thank you. Did you examine the evidence collected in the Colt Withers sexual abuse case?" "I did." The prosecutor went on to have him detail all the procedures that were followed and then provide his findings. He confirmed that the semen residue on my boxers belonged to both myself and to Colt. He also confirmed that only Colt's semen was on Colt's underwear. He was conclusive about the DNA matches. He found traces of lotion on the brush in the bristles closest to the handle, consistent with the lotion I'd found on the floor next to the brush and carrying Colt's and my fingerprints on the bottle. He'd confirmed that the fine lacerations in Colt's rectum were probably caused by a small, sharp burr on the end of the plastic brush handle. When the prosecutor turned him over to Adam, people were fighting off yawning. "Mr. Trumball, did you examine the bedspread from Mr. Steele's bedroom?" Adam asked. "Yes. That was sent to me later." "And what did you find on it, if anything?" "Not much. I found some hair from the victim, and certainly a lot of DNA matches from various sources belonging to the perpetrator. That would be expected, of course, since it was his bedspread, after all." "Oh, was there already a verdict made in this case?" Adam asked. "Why no. Of course not," the expert responded, confused. "Well then there isn't a victim or a perpetrator established here, is there? Let's refer to them as the accuser and the accused, shall we?" Adam requested. The man smiled as did the judge. "Certainly. Point taken." "Back to the bedspread, did you perform a Woods Lamp test on it?" "I did. Nothing fresh enough to be conclusive. In my opinion, there were no recent emissions of semen detectable on it." "Meaning, nothing showed up that could have occurred on July 12th?" "Yes. Correct." "Did you test the evidence collected from the rape kit performed by the two doctors in Kalispell?" "I did." "Did any of the swabs from the boy's nostrils, ears, mouth, anus, or urethra show any traces, no matter how slight, of semen or other DNA belonging to my client?" "No. Absolutely no trace at all." "Does that strike you as unlikely or even impossible, if my client ejaculated into the boy's mouth and then sprayed his remaining ejaculate across the boy's forehead, face and neck as was reported?" Adam asked fervently. "Unlikely, yes. Impossible, no." "Why is it not impossible?" Adam asked. "Because any number of factors could have affected the findings. It was several hours after the event that the rape kit was administered. Seven hours approximately. In that time, the boy had been crying and the mucus would have affected any residue in the nostril. The ear could easily have been missed and the mouth could have been affected by significant rinsing, teeth brushing or the like." "Is there any testimony that any of those things took place with the accuser?" "None that I am aware of." "Have you ever masturbated?" Adam asked. The man smirked. He didn't answer. "Have you ever masturbated?" Adam asked again. "I don't see what that has to do with anything relevant." Surprisingly, the prosecutor stayed silent. "Well, you're an expert, testifying as an expert on the semen evidence. I just wondered if you had any practical experience with the ejaculation of semen. Have you?" Adam asked again. I had a hard time not smiling while watching the man's discomfort. "As with most men on the planet, I have engaged in that activity, yes." "In your experience, as a forensics expert and as an experienced male, is it surprising to you that the Woods Lamp showed no evidence of semen residue on the boy's face or neck during the rape kit exam? If a healthy, young teenager ejaculated on a boy's face, is it not shocking to learn that no evidence of it showed up only seven hours later and that not one trace of it was found on the bedspread?" "Surprising, yes. Impossible, no. Again, there are many factors that ..." Adam cut him off. "Yes, we know. All the possible things that could have happened." "Did you also examine the crime scene photos, including the alleged pornography?" "I did." "Were you surprised that there were no signs of rope burns on the boy's wrists if he had struggled against the bonds?" "I was, until I reviewed the bonds. In the photos posted to the internet. The knots are very loose and the rope was a cotton fiber so it was not very coarse," he explained. "Were you aware that Shane Steele is an Eagle Scout and in fact, won the scout camp, knot tying contest two years in a row?" Adam asked. "No. I was not aware of that." "Well then were you aware that Shane is a rancher's son and uses knots often around the ranch?" "No. Also not aware of that." "Well, based on knowing that, does it surprise you that such a sloppy, loose, granny knot was used to secure the wrists and to the closest bed post?" "Yes, that is surprising." "Look at the far rope in this picture, Mr. Trumball. Does it appear to you that it is not tied off. Does it appear that it just drops down along the wall?" "Yes. It does. It could be tied down below." "It could indeed. Any reason you can think of why an excited, anxious sexual predator would take the time and effort to tie a rope down below the wall instead of to a perfectly available bed post directly opposite the other one he had already used for the other hand?" "No. But I'm not a predator and I wasn't there." "True. Only two people in this case were there and know the truth. Neither of them is you." The judge hid his grin. The prosecutor next called his handwriting expert. After the preliminaries of name and credentials, the prosecutor asked if he recognized the note that I had supposedly left on the telephone pole. He went into a lengthy explanation of how he determined that it was my handwriting. Next, he did the same thing to the notes I'd made about my dream. He had the expert read them. I groaned inside and regretted having made them. I'd inadvertently fueled the flame against me. When it came Adam's turn, he attacked the guy's credentials and analysis on the first note, but not the second one. He did not belabor it, though. Next up, was a police IT expert who testified about the porn images. "Officer Emmett," the prosecutor began, "did you examine the computers that were confiscated from the Steele home at the time of Shane Steele's arrest?" "Yes. I am the senior IT analyst for all of the local law enforcement in the northern Montana area." "How many computers did you examine?" "Three. Two desktops and a laptop." "And what did you find?" the prosecutor asked. "Two of the computers had nothing of any relevance on them. The computer that came out of the perpetrator's bedroom, however, had numerous downloads and uploads of interest." "Please describe your findings." "There were two login accounts on the computer, neither of which were protected by a password. One of them obviously belonged to William Steele, the perpetrator's younger brother. He goes by the name of Billy. Under his login, I found sporadic downloads of heterosexual pornography, all of an adult nature. All of the sites that were visited and downloaded from were free sites and no credit card information was provided to obtain access to them. Some of this activity dated back a full two years and was very sporadic. It began shortly after the computer was purchased and setup." That seemed unnecessary and I felt bad for Billy that Mom and Dad had to hear it. I doubted that Dad would be surprised, but I supposed Mom would be disappointed. I knew what was coming later would be equally damning for me. He continued, "Under Shane's login, I found site visits and downloads of a homosexual nature. All of the activity was very recent starting in June of this year while Shane Steele was under a sort of house arrest as part of the original charges brought against him by the State of Montana." He continued on saying, "There were numerous, almost daily, visits to homosexual porn sites, all of which were free sites and like his brother, no credit cards were used to purchase access to the sites. From these sites, there were a couple dozen downloads, all of which had the common theme of young adult males engaging in anal intercourse." The prosecutor, seemingly on cue, handed a folder of pictures over to the witness. "The seven photos in this folder were found as uploads to two child porn sites from Shane Steele's login account, were they not?" "Yes, these are the uploads," the computer geek responded after flipping through them. "What day and time were they uploaded and to what sites?" "All except the one with the ropes and brush were uploaded at 10:48 am on July 12th. The picture depicting the bondage and anal rape with a hairbrush was uploaded at 10:55 am." "And did you find anything else of interest as you scanned the defendant's computer?" "Yes. There were several love letters written to his convicted boyfriend, who is serving time on child abuse charges in Yankton Federal Prison." "Love letters from Shane Steele to Steve Fahrenheit?" "Correct." "Are these the letters?" The prosecutor handed the computer guy another folder. The geek flipped through the pages and answered, "Yes." "Will you please read the sixth paragraph of the top letter in there?" the prosecutor requested. "Sure." He counted paragraphs then began reciting, "I love you so much. Each day without you is like a day in a dark cave without light to brighten my spirits. I need you. I need to feel your touch and hear you whisper into my ear that you love me. I need to feel you entering my body with your majestic tool like a powerful bull elk and filling me with your love potion causing me to bust my own nut and cry out 'Cum Shaney, Cum!' over and over. My hair brush is a lame substitute for your beautiful dick, but I guess that and my fantasies will have to get me through until we are reunited." I grabbed the notepad and furiously wrote, "That's it. That's how they knew about Cum Shaney Cum!!!" Adam read it and lined through it. "Nope," he wrote. "Colt told them you said that long before they found any of that on your computer. This just confirms from your own admission that you like to say that." I sank back. "Thank you," prosecutor Thompson smugly said. Adam took his swing. He was brief, though. "Officer Emmett, did you give supervised access to the confiscated computers to my expert, Randolph McGuire?" "Yes, I did." "Was everything he performed done according to protocol?" "Yes. He was very professional and knowledgeable." "Have you reviewed a lot of child porn cases in your career?" "Not a lot. Several, however. This is not my first." "Ten? Twenty? Thirty?" Adam pressed. "Low twenties, I suppose." "From that base of experience, does the pattern of porn viewing in this case fit the profile of a sex craved pedophile?" "I'm not sure what you're asking me?" the geek responded. "I'll clarify. Did it seem inconsistent that while Billy, Shane's younger brother, had been viewing porn of his liking ever since the computer was installed, while Shane had not viewed any porn at all up until May of this year and then knew exactly where to upload pictures to two different sites which dabbled in provocative images of boys, even though the computer history showed no signs of him ever going to those or any other sites like them before?" "Yes. This fits no other pattern that I have experienced. It is inconsistent. Generally, there is a long history of viewing porn prior to posting anything. However, every case is different." The next witness was a psychologist whose career had been devoted primarily to sex offenders and understanding them. He gave a lengthy testimony about the pattern that pedophiles employ to lure children into engaging in sex acts with them. He explained that sex offenders come from all walks of life and all ages, races, and education levels but are predominantly men over thirty. He described the recurrent pattern of pedophiles putting themselves into positions where they would have access to their intended victims. He laid out the grooming process that usually starts with the pedophile forming a bond of trust with the child. Often, by taking interest in whatever the victim is interested in. He pointed out my teasing with the young boys on the bus as setting up a chance to take them into the bathroom. He pointed out my showing attention to Daniel on the hay ride before taking advantage of the opportunity to watch him in the bathroom. He also pointed out my choosing to work at the elementary school's tutoring program and my inquiries into the young boys' interests. Finally, he pointed out that I had attended Colt's rodeo at great personal risk which was an explicit act of grooming. He continued, "Then bit by bit, the typical pedophile manufactures some need for the child to confide in them. The abuser also generally starts giving the intended victim gifts or special privileges. The next progression is simple touching or closeness with touching an arm or leg, hugs, sitting on a lap and rubbing the back or giving a massage. The abuser typically softens up the child towards nudity, bit by bit, either by 'accidentally' exposing themselves or creating a need for showering together, or often using the bathroom in front of each other. It appears from my analysis of this case that the defendant chooses the bathroom option for that stage." "What's the next typical progressive step?" the prosecutor asked, lobbing the softball. "A natural progression from there is some form of touching. In the case of the young boy in Yellowstone, touching may or may not have occurred based on the story given by the boy. Assuming that it did not occur, then the sexual thrill would have been derived in that instance by watching the boy urinate and being seen naked by the young boy. Touching most likely would have occurred if it didn't actually occur, if the parents had not shown up at the door and interrupted the process. As for the Colt Withers case, according to the reports by the boy, touching took place after a rapport was established and after a need to confide in the defendant had been created to determine whether the boy was gay or not. Also, in keeping with the pattern, Mr. Steele had an initiating bathroom experience where he both saw the boy's genitalia and exposed his own. That fits the unique first step in Mr. Steele's pattern. The boy reported that Mr. Steele enticed the boy to disrobe and allow pictures to be taken before any touching took place and then in harmony with the typical pattern, the defendant began to touch the boy and require the boy to touch him." "And what about after the abuse takes place. What is the typical pattern for that?" "After the abuse, there is nearly always a shaming or a threatening of the child and often both. The pedophile swears the victims to secrecy detailing dire consequences coming from any disclosure. In the Yellowstone case, the defendant created a game to be played with secret ninjas keeping a secret. The boy could understand this clever gimmick and followed it. Even though questioned the next day about the event by the boy's father, no mention of Shane's nudity or of the secret ninja game was mentioned. In Colt's case, there were threats of disclosure to the boy's father, which was of great concern for this victim." "Dr. Grainger, does a pedophile always seek sexual contact for his gratification?" "No. Sometimes, simply seeing the child naked or taking pictures of them naked is all they seek. Sometimes they gain gratification from exposing themselves to the child. There are many levels of deviance. Sometimes, they evolve." "So simply observing a child using the bathroom could be a source of sexual satisfaction for some pedophiles?" "Yes. Definitely." "And could that initial experience of watching a child urinate lead the pedophile to fantasize about and then act on more interactive sexual experiences with the child?" "Absolutely. It becomes a growing obsession in many cases." "Dr. Grainger, when a predator has zeroed in on a specific target, does that predator as a rule, fantasize about sexual acts with that child?" "Yes, that is very common." "Would you read this note that was found in the defendant's bedroom drawer and written in his handwriting, please." The psychiatrist read it out loud. I was sick to my stomach at the end of it. "Please repeat the last four lines," the prosecutor asked in order to hammer it home. "Colt comes in naked with a boner We let him watch Colt climbs in bed I make him get out. I wake up." "Dr. Grainger, in your professional opinion and based on your years of experience in evaluating pedophile tendencies, does that sound like it was written by a pedophile?" "It most certainly fits the profile. Yes." "Based on your review of the details in this case and Shane Steele's interactions with the various boys, would you say there is a strong correlation between his actions and the profile of a typical pedophile?" "In my professional opinion, Shane Steele fits the profile of a pedophile, without a doubt." "Thank you. That's all," said the prosecutor as he sat down smartly. I felt like throwing up. Adam stood and contemplated for a few minutes. "Dr. Grainger, do you like children?" "I do. Not sexually, of course. But I chose this specialty in hopes of protecting children." "Noble. I applaud you for that. I suppose you interact with children fairly often in this occupation, especially vulnerable and victimized ones." "I do." "Do you ever comfort them with a hug, or a reassuring touch?" The good doctor saw where he was going and smiled a knowing smile. "I have done that, yes." "I presume, however, that even though you chose a profession that allows you access to vulnerable children, and that you occasionally touch them or show interest in them and in their interests, you are not a pedophile yourself." "Correct. Sadly, everyone is suspect these days and I am careful not to have unsupervised alone time with any of the children I interact with. Most teachers, coaches, youth pastors, and camp counselors are genuinely interested in the success and healthy development of the children they interact with and have no ulterior motives or sexual interest in the children they mentor. However, in today's society, the awareness has been heightened to the point that anyone who interacts with children needs to be very mindful of the need to follow some guidelines for the safety of the children and themselves." "Is it a human tendency to believe the worst about people?" "It is." "What about a young college freshman who takes an after school tutoring job at a nearby grade school because it's conveniently located and provides a source of part time money? Is it possible that his motives are simply to earn some money and help kids learn?" "Possible? Yes. It's possible." "Thank you, sir." Adam sat down. It was a small pushback against an otherwise damning testimony. I'm not sure what else he could have done about it, though. My actions with all these boys had unwittingly set me up to fit the profile. I felt a wave of despair overcome me, but in the back of my mind, I kept thinking about the silent voice I'd heard to trust. Trust. Such a difficult thing to do. "Your honor," the prosecutor began, "my final witness is the victim, Colt Withers. Given the lateness of the hour, I would propose we adjourn and hear his testimony tomorrow morning." "Agreed," Judge Stern said. With a rap of his gavel, it was over. I was led to a consultation room and left to wait for Adam to show up. My stomach was churning. When Adam came in, I got up and walked over to him. He eyed me curiously. "What?" he asked. I put my arms around him and gave him a hug. "I just want to be sure that you know that I really appreciate all the work and effort you have put into this trial and I'm sorry I didn't take the plea deal that you negotiated. It's all on me, I was my own worst enemy." When we broke our embrace, Adam took me by the shoulders and looked me straight in the eye. "You're talking like we already lost. I'm far from done. I haven't even called a witness yet. And, we have the truth on our side. It's just a matter of exposing it. I think you'll feel much better after tomorrow. That's when you get your day in court." "Do I get to testify?" I asked. "No. Not a good idea and please don't beg. I hate begging." I chuckled. "Your kids had no chance of misbehaving, did they?" "None." "So tomorrow we will pick Colt's testimony apart. That will be a rough day for him and you cannot show sympathy toward him. Keep your courtroom face on no matter what I say or do. Got it?" "Yes sir. I got it." "Great. You doing okay?" he asked kindly. "As good as I can," I answered. "One thing I need to clarify with you before tomorrow. Is there another way to get up to your bedroom besides the stairs from the entry way?" Adam asked. "No. That's the only way up. Well ..." "Well, what?" Adam asked. "I don't want to get blindsided on this. It is vital." "Mom made my dad put up an extension ladder that goes up to the other bedroom up there in case of a fire. The only thing it's ever been used for is Billy used it a few times to sneak back in late at night." "Damn. Does the shop or barn have a back door?" "Sure. The barn does. You can go out the back of the stalls into the corral." "Damn. Okay. Thanks." "Why?" I asked. "You'll understand tomorrow. Right now, I have to run. Keep your hopes up. We're not done yet." "Thanks, Adam." With that, he left and the bailiff retrieved me for the holding room until the van headed back. "How'd it go kid?" the rich contractor asked me when I got back to the cell. "Not so good. By the time the prosecutor got done today, I was ready to convict myself." He laughed at that. "Damn, he must be good." "Yeah. I'm pretty scared," I admitted. "I imagine so." "But my attorney starts presenting our case tomorrow. So maybe it will get better." "It should get better, right? Good luck, kid." "Yeah, it should. Thanks." I made it clear that I was done chatting and I climbed up into my bed. I fell asleep quickly which was a blessing. I think I was emotionally drained to dregs. ****###**** Next chapter, Shane gets his day in court. Will Adam find a way to convince the judge or will Shane end up in prison? Wait and find out. Hans h.schreiber@hushmail.com