Date: Thu, 28 Dec 2000 20:04:59 -0500 From: Charlie Subject: Andy-revised 27 The following story is total fiction. Any relationship to persons living or dead is purely accidental. This story depicts sexual acts between people of the same sex (male), some of whom are under age. If you find this concept distasteful, or if it is illegal where you live, or if you are underage, please stop reading now. XXVII Back Home in Carolina By the time the big jet landed in Atlanta, Paul had learned and could sing a few basic songs. Karen had tried to get the boys to sleep a few hours, but they were just too excited. The other passengers didn't help much either. When they heard the music coming from the upper lounge, there was a constant audience listening, encouraging, making requests. Charlie was totally involved with all the bells, whistles and gadgets the electronic keyboard had to offer. Karen and Dennis did catch a few naps, and it was a good thing because they only had two hours to get through Customs and Immigration, then catch their connection to Wilmington. Carlo had insisted on meeting them at Wilmington airport, saying that with the additional two boys it would be tough to find a single taxi to take them home, to say nothing of the cost. "And besides," he'd said to Dennis on the phone, "I want to meet those two and tell them how fortunate they are." "WOW!" Christopher exclaimed as the big white limo slid to the curb and stopped, "Is that your car Dad?" "Not any time soon," Dennis chuckled. "I'm afraid it's gonna be pretty crowded in our car till I can get a larger one. We'll probably have to get a van. No, this is Signore Meoli's car." "Signore Meoli is Dad's partner," Charlie said in Italian, "And our friend." He grinned as he saw the look of surprise on Carlo's face. In Italian Carlo exclaimed "My little songbird! You have learned Italian?" "A little," Charlie said in English, "Paul and Christopher are gonna help us all learn." It was late and dark by the time they got to the farm, so the two newcomers couldn't see much. But there was one thing... make that TWO things, that Charlie didn't miss. They were only shapes in the dark, but he recognized them instantly. "The new tractors!" he exclaimed, "They're here! Man, they're even bigger than I thought!" "Yeah," Andy agreed, "And wait'll you work one. They are really somethin'! Actually I just realized Charlie that you never asked about them. I thought you'd be givin' me the third degree about how they work, how they handle, would they do the work..." "Yeah," Charlie answered, "Guess I was kinda in choir mode, but now I'm back in farmer mode, an' this time to stay." All four boys inspected the new machines. They started one up and moved it into the light where they could see better. They played with the hydraulics, checked out the stereo, talked from one to the other on the CB. All were suitably impressed with their new toys. "That's good," Dennis said, "Because starting this week those tractors are gonna be putting in some long days. We're putting in 200 acres of sweet potatoes and 250 or so of peanuts. So there'll be no more lying around in Italy singing once in a while." The highlight of the entire trip was bed time. The house had not been prepared for two additional occupants so everyone had to double up. Much to Andy's delight, his room was given to the newcomers considering that he seldom used it anyway; that left him and Charlie sleeping together, for the first time in more than a month! "I've missed you so much!" Charlie said as his hands wandered all over Andy's body, "And I want to do it all tonight!" "But you had Paul to keep you warm, lil bro. Meanwhile I had nobody!" "Jealous?" Charlie said with a grin, realizing that Andy was playing with him. "You bet I was! I got enough plans for you to keep you busy for the foreseeable future. Any time ya spend with someone else cuts into those plans." "Well, I'm not with anybody else right now. I think you'll find Paul is a worthy partner, but you better not like him better than me!" He gave that part of Andy that he didn't have a squeeze to punctuate the warning. "Not a chance, Charlie!" Andy grunted, "Now are you gonna show me if everything still works, or are you just gonna lie there talking and squeezing my nuts all night?" Charlie didn't answer, at least in words. But it wasn't long before they both knew that everything did indeed still work. "Ohhh man!" Charlie exclaimed when they were resting, "That month without you was well worth it. Man, that was so AWESOME!" "Maybe we should wait another month before we do it again." Andy suggested. "Or maybe we should do it again right now just to make sure it wasn't a fluke." "Good idea! We wouldn't want to misjudge, would we?" "I love you, Andy. I dunno what the future holds, but right now I can't bear the thoughts of ever being without you." "I love you too Charlie." Andy said as his hands went to work again. * * * "What is it, Billy?" Dennis asked after everyone else had gone to bed, "You seem so serious!" Billy had pulled Dennis aside and said he wanted to speak to them after everyone else had gone to bed. "I don't know, Dennis," Billy answered, "But there's something going on. I got calls from the SBI and the State Police after the sheriff was here. They both wanted to be sure Charlie would be here tomorrow morning. I've got a feeling they're gonna be here first thing." "Did they say what they want?" Dennis asked with concern. "No, sir. But they seemed determined to contact him as soon as he got home. I gotta tell ya, I'm worried." "There's nothing to worry about, Billy. He hasn't done anything wrong." "I hope you're right. But I'd feel a lot better if I knew what it is they want." "Andy?" Charlie said in his very best little boy voice. "Yeah bud?" "Would you... uhhh... would you do something for me?" "Anything, Charlie. Anything! What d'ya want?" "Well, it's kinda hard to put into words. But I've been almost raped twice now, an' the part that scared me the most both times was that you wouldn't be the first." "Twice? I knew about Garth, but when was the second time?" "In Italy. Yashi and Dimitri almost made it, but Paul showed up and stopped them. But he did stop them. I guess it was then I realized I wasn't afraid of it bein' done, only that it wasn't you doing it." "You... you want me to rape you?" "Not exactly. It wouldn't be rape if you did it. Please Andy?" "Are you sure, Charlie? I don't want to hurt you." "From all I've read it'll probably hurt a little at first, but I want to try. Please?" "Charlie!" Andy protested, "We don't have any lubricant of any kind..." "We got saliva haven't we? I know I got lots to get you wet and slippery. I know you'll be careful, an' I want you to! Unless you don't want to?" "That... that's not a problem, Charlie. I've thought about it a few times but I didn't know how you'd feel about it." "Well now you do. Please Andy? Now? Please?" "Let me take a while to get my mind around it, ok? Nothing's gonna happen in the next day or two, and it's gonna take me a while to adjust to the idea." "Ok, Andy, just so you don't say no." * * * "Paul?" a very small voice whispered in Italian, "Are you asleep?" "No, Christopher, I can't sleep." "You homesick?" "Not exactly. But it's all so different, here in America, on a big farm, a room to ourselves. It must be really strange for you, never having been on a farm before." "Yeah, it is. Kinda scary in a way I guess, but I think I'm gonna like it." "You will. Charlie's family is really nice." "I guess they're our family now." "Uh-huh. You wanna come over to my bed Christopher?" "Uh-huh. Is it ok?" "C'mon." "Paul?" "Yeah, Christopher?" "How does it feel? I mean, we're gonna be brothers. What's that feel like to you?" "Christopher, we were kinda like brothers anyway, in the school and all." "Yeah, but those other guys were our brothers too. But you were always different. You never picked on me like they did. Why didn't ya, Paul?" "Cause... 'cause it's not right, Christopher. It just isn't right. An' you were a pretty kewl guy. You were just like me, different from the others. It wasn't fair, what they did to you." "It's okay really, but I'm glad you didn't tease me like that. I always liked you, Paul. It's gonna be great, bein' your brother. Can I hug you?" "Course ya can! You're my brother!" "Paul? You asleep yet?" "No, Christopher. But we gotta get some sleep. Charlie said he an' Andy are gonna teach us how to drive the tractors in the morning." "Operate! Not drive, OPERATE! Charlie said ya don't drive a tractor, you OPERATE it! He said only city slickers drive tractors." "You like Charlie, don't ya?" "Course I do! He's my brother! And besides, he's a real kewl guy. So's Andy." "Well then let's get some sleep so we can learn to... OPERATE the tractors in the morning." Silence for ten minutes while Christopher snuggled close to Paul. Both boys were totally happy, being close, embracing, loving. The dormitory, the Italian school, the choir, were all a million light years away as they snuggled together in their own bedroom. "Paul?" "What, Christopher?" "What do ya suppose they're doing?" "Who?" "Andy and Charlie. They both seemed really pleased that they ended up together and we ended up in Andy's room." "I dunno, Christopher. But I can guess. They haven't been together alone for over a month, remember." "Do ya think they... you know?" "I don't think, Christopher, I know! They do! And I suspect they're doing it right now. Now, can we please get some sleep?" "You mean you don't care that they're doin' it, right in the next room?" 'It's none of our business, Christopher." "I guess not. But what we do is our business isn't it?" "That's why I'm tryin' to get you to go to sleep." "I think I could sleep a lot better if I... well... Paul..." Paul was trying desperately to NOT know what Christopher was talking about. He was trying with all his might to deny what was screaming inside him. But the little boy in his arms was certainly not making it easy for him. He had always, ever since the day he arrived at the school in Italy, admired Christopher. He was tiny, way off limits for any sexual behavior, even for the other boys! There was an understanding in the school; not a rule laid down by Signore Guido, but a code of ethics enforced on the boys by the boys themselves: there would be absolutely no sex of any kind with any boy under ten, and no boy under twelve would be involved in any sexual activity against his will. Everyone knew these laws, respected them, and obeyed them. "Christopher," Paul said in desperation, "You know the rules. You're only eight years old!" "Those were the rules at school. We're not in that school any more. We're home, Paul. HOME! OUR home! The rules have all changed now. So please... can we..." "Christopher, I just don't know..." "Tell me you don't want to and I'll go back to my bed and go to sleep. I promise. All ya gotta do is say you don't want to." "Christopher, I..." "You can't, can ya? You can't say it! Can you?" "No, lil brother, I can't." Christopher's hands had not been idle during this exchange. What they found and reported back to control central, Christopher's brain, confirmed his suspicions. Not only did they discover a part of Paul that was more then willing, they found no resistance to their explorations. "Christopher," Paul pleaded as his defenses waned, "You're only eight years old!" "And you're only eleven." came the reply. "Almost twelve. And the rules..." "I'm almost nine. And those rules are 'way back in Italy. I love you, Paul." "And... I... uhhhh... Christopher, I love you. I always have. I just don't want to... you know, I don't wanna force anything..." "You're not forcing me, Paul, I'm asking. But please, don't say no, you don't want me." * * * The sound of the big diesel engine starting up woke Charlie at 6 next morning. He had only had four or five hours sleep, but in spite of the fact he'd been up for over 24 hours, he was wide awake and ready to go. He jumped out of bed and flew to the window in time to see the big green John Deere going down the driveway and out of sight. It was still too dark to see who was on it, but he assumed it was his father. "Morning, dude!" Andy said sleepily, "What're ya doing up so early?" "Early?" Charlie replied, "It's after 6, Andy." "But Dad said we could sleep in." "We did! It's after 6!" "Charlie, the chores are taken care of, we're not starting the planting right away, there's no reason to get up so early." "But someone just took one of the new tractors down the lane. Somethin' must be goin' on." "Plowing and harrowing, that's all. That's all we've done ever since you left. We got almost 600 acres to plant this spring in all. That's a lot of plowing." "But who... who's on that tractor?" "I dunno, Charlie. But I suppost it was probably Billy. I guess Dad'll tell us when he gets up, so why don't you just come back to bed and give your big brother a hug?" Charlie did go back to bed, but he couldn't settle down. Finally at seven they both gave up and got dressed. There were no signs of life from the other boys, so they quietly went downstairs to find their parents in the kitchen. "Dad?" Charlie said. "Morning, son!" "But if you're here, who's on the tractor?" "It was probably Billy. He's been running one, and a new hand you haven't met has been running the other. The guy's name is George Ames. Billy hired him a couple weeks ago, and he seems like a really good worker. He keeps that tractor humming." "But..." Charlie protested, "We're home now. Andy and I can take over..." "Gonna have to wait another day, son. We should be having company any time now." "Company?" "John Atkins, the sheriff. He wants to see you about Garth. I told him I'd keep you near the house today." The boys had barely started to eat their breakfast when the brown patrol car arrived in the dooryard. In the field almost a mile away, Billy saw it going down the road and shuddered, wondering what was coming. In the Conner kitchen, Andy felt the same foreboding chill as he saw the car glide to a stop. John Atkins and another man got out and made their way to the house. "John!" Dennis exclaimed, "Long time no see! You're up kinda early, aren't you?" "Hello, Dennis," John answered none too pleasantly, "Yeah, some folks can't wait to bring bad news. Dennis Conner, meet Lieutenant Jason White of the State Police." "State Police?" Dennis questioned as he shook Jason's hand, "Sounds serious." "Getting more serious by the minute," John said, "Jason was kind enough to allow me to accompany him here. It's the least I could do for a friend." "I presume your entire family is back from Italy?" Jason inquired. "Yes," Dennis answered, "We all arrived late last night." "Including your son Charlie?" "Yes, he's in the kitchen eating his breakfast." "Please," John said as they entered the kitchen, "Finish your breakfast, boys. We can wait." "Yeah, right!" Andy replied, "We heard y'all talking. You think we have an appetite now? What's goin' on, Dad?" "I really don't know, son," Dennis answered, "But I don't think I'm gonna like it. John, do I need to be calling my lawyer?" "No need for that," Jason answered, "At least not yet. I just need to clear up a few things with your son. You are Charlie?" he said to Andy. Andy had to resist every instinct in his being to answer in the affirmative, but while he was still considering it, Charlie stood up. "He's Andy," Charlie said, "I'm Charlie." "Charlie!" Jason exclaimed, "At last we meet! I was beginning to think you were some mythical character and didn't exist at all. Would you mind coming with me to the car? I need to ask you a few questions." "You can ask them right here," Dennis answered. "I'd rather do this in private, if at all possible." "I'm afraid it isn't possible, Lieutenant. Charlie is a minor, and until I find out what this is all about, no one talks to him in private. Exactly what is going on?" "Dennis," John said, "You might want to reconsider..." "Reconsider shit, John! What's goin' on? Do I have to ask you two to leave?" "It's all right," Jason said, "We can do it here. But I'll have to ask your son and your wife to leave the room." "Fine," Dennis answered, "Request noted and denied. Andy stays, and so does Karen." "Mr. Conner, you're not making this very easy..." "Nor do I intend to until I find out what's going on. I am on the verge of asking you to leave or wait until I can have my lawyer here, so if you have legitimate business here, you'd better state it pretty soon." "Very well," Jason sighed, "But please don't interrupt. I have to ask Charlie a few questions." "I'm ready, sir." Charlie answered. Charlie hadn't been concerned at first, but his father's behavior had led him to believe that perhaps he really did have something to fear. "This shouldn't take long, Charlie." Jason said condescendingly, "We just need to clear up a few details concerning your brother's death." "But I was questioned for days!" Charlie protested, "I thought it was all settled." "Evidently. But I'm afraid things aren't that simple. You were the last one to see him alive, weren't you?" 'I... I guess so. Except for the store owner I guess, and the police." "You met him in that abandoned chicken house, is that right?" "Yes sir." "What did you do there?" "Nothing really. We talked." "About what?" "About... about our family, how it used to be... I tried to convince him to come home... stuff like that." "Did he threaten you?" "Yes, sir, sort of.." "How did he threaten you?" "He said he was going to rape me, after he kicked me in the crotch." "And did he?" "No sir. He tried but I deflected his kicks and knocked him down." "He was four years your senior, right?" "Yes, sir, but he was also high on drugs." "I see. So he didn't hurt you?" "No, sir." "Charlie," Jason said after a pause, "The gun he used in that holdup had another set of fingerprints on it. We think they might be yours, Charlie! What can you tell us about that?" Charlie gulped. "Y-yes, sir," he answered, "They probably are mine." "Would you like to tell us how your fingerprints ended up on a gun that was used in a holdup?" "Yes, sir, I can explain that." So for the first time outside the family, Charlie told the story of the gun and how he had taken it away from Garth and unloaded it. He still didn't share what he'd done with the bullets, for fear of implicating Andy. "We found the clip, Charlie," Jason said, "We went over the area pretty thoroughly, but we didn't find any bullets. Did you take the bullets out of the clip, Charlie?" "Yes, sir, I did." "And what did you do with them?" "I... I don't remember. I guess I musta thrown them somewhere. I remember putting them in my pocket, but... I musta..." "Why would you withold that information, Charlie?" "I don't know, I just didn't think it was important." "Do you know a girl named Mindy Jacobson?" "No, sir, I don't think so." "She said she knows you." "From where?" "She said she and Garth and you spent time together." "Oh yeah! That's right, he did have a girl with him once he called Mindy. But I never met her." "That's not what she told us. She said you spent a lot of time with her and Garth." "I'm sorry, sir, but I didn't. I only saw her from a distance sitting in a car. Garth told me she wanted to... er... fool around with me but I said no." "If I were to give you some dates, could you tell us where you were on those evenings?" "Probably. I don't usually go anywhere in the evenings." "I'm particularly interested in the times you were with your brother. You did spend some evenings with him, didn't you?" "Yes sir." "Can you remember the exact dates?" "No sir, not offhand. But I can check on my computer. We always arranged to meet with email and I saved all the notes." Charlie led a procession up the stairs to his computer, where he displayed a list of email notes. Jason requested a printout of all the notes, and Charlie obliged. Dennis began to object, saying he thought it was time for a lawyer to be present. "It's ok, Dad," Charlie said, "I've got nothing to hide." "I'm afraid you'd better take your father's advice," Jason said, "The dates of your meetings with Garth coincide exactly with four different robberies, and three of the four victims have identified your picture as the robber. I'm afraid you're going to have to come with us, Charlie. You're being charged with armed robbery, and maybe even murder." "Mom?" Charlie said questioningly, "Dad?" "John!" Dennis exclaimed, "Surely you don't think Charlie's mixed up in this!" "No, Dennis, I don't. But I'm sorry, evidence in evidence. Charlie will have to come with us until it's all straightened out." "Just one damned minute, Barney Fife!" Karen yelled as she stood between the sheriff and the door. "Karen," John pleaded, "Please don't make this harder than it already is..." "Charlie," Karen said, ignoring the two cops, "Remember who you are! And remember you're not in this alone. We're behind you, we know you haven't done anything. We all love you and we'll all get through this together, ok?" "Yes, ma'am." Charlie answered, "I... I love y'all too." "You'll be home before you know it." Karen assured him. Charlie's blood froze in his veins as he felt the cold steel of the handcuffs snap on his wrists behind him. He vaguely heard someone reading his rights. "Not another word, Charlie!" Dennis ordered, "The only word out of your mouth until Evan gets there is your name. Do you understand, Charlie?" "Yes sir." Charlie answered. "Dad," Andy protested, "You can't let them take him!" "I don't see how I can stop them," Dennis said with a sigh, "But it's ok. Charlie hasn't done anything. We'll soon have it sorted out soon as Evan can get here." As Charlie was being led out the back door and deposited in the back seat of the patrol car, Andy sensed a movement on the stairs. He looked and saw Paul standing on the third step from the bottom, watching with pure stark terror in his eyes as Charlie disappeared in the car. "A... Andy?" he questioned in Italian, "Wha... what's happening? Why are they taking Charlie?" "I'm sorry," Andy said, "I didn't understand... In English..." He approached the bottom of the stairs, just in time to catch Paul in his arms. He had fainted dead away! When Paul regained consciousness a few minutes later, he instantly became hysterical. In his mind, there was another revolution and Charlie, the only force in his life right now that was familiar, comfortable, had been one of the first victims. "Calm down!" Andy soothed as he held the frantic little boy, "It's gonna be ok!" "I have to get back to Italy!" Paul screamed, "I was safe there!" "You're safe here too, Paul!" Andy said, "No one's gonna hurt you. It's ok!" About the time Andy had Paul more or less quiet, he had a repeat performance with Christopher. He had seen Paul upset to the point of incoherence, had remembered many episodes when Paul had first come to the school in Italy. There'd been countless nightmares, many times when Paul thought he was about to be murdered in his bed and simply could not be comforted. Christopher had seen them all, and what he'd seen this morning was a repeat; but why? Paul had seemingly become well adjusted, comfortable with his new life. What had happened to set him off again? And where was Charlie? Andy got to show more control, more empathy that morning than he knew he possessed. To the two little boys from Italy, there were only two entities in this new world that they knew: Charlie and Andy, in that order. So in the absence if Charlie, only Andy would do. So it befell him to explain to two very confused, frightened little boys that all was well, that their world was still there, that they would be fine. And, by the way, Charlie would be ok. Just a mix-up. Now all Andy had to do was convince himself. "Your honor," Howard Bell was saying, "Defense requests that bail be set at a modest amount. The Conners are simple farm people, and I'm confident that the defendant isn't going anywhere." Evan had called in a colleague, one who was more familiar with defending criminal charges. Dennis insisted that Evan remain as chief attorney, with license to call in as many additional lawyers as he deemed necessary. Howard had assured everyone that the prosecution had nothing but circumstantial evidence, and that there was no way, given Charlie's past, the long line of willing character witnesses, that they could ever get a conviction. "Your honor," Hank Williamson argued, "Prosecution disagrees strenuously. The defendant has just returned from a month in Italy where he has very strong connections. He has the financial resources, so there is nothing to stop him from taking flight to Italy. Since this is a murder charge, prosecution strongly urges that bail be denied." "I agree," the judge said, "Bail is denied. Trial will be in one month, if everyone can be prepared that quickly." Both sides agreed, so Charlie went back to jail to await his trial. County jails are not nearly as secure as state prisons, nor are the rules nearly as strict. Of course knowing Sheriff John Atkins personally didn't hurt, nor did the fact that John knew perfectly well that Charlie was innocent of any wrongdoing. So as soon as Charlie was settled back in his cell awaiting trial, the entire Conner clan, including Billy, soon joined him for a visit. It was particularly important, Dennis said, that the two little boys see for themselves that Charlie was ok, being treated well, and had not been abused in any way. John agreed readily, even allowing the use of a large meeting room after securing Charlie's and Dennis' word that there would be no funny business. There were lots of hugs and tears, millions of questions like "you being treated ok?" and "warm enough?" and "getting enough to eat?" and on and on. "I'm ok," Charlie assured one and all, "I just wish we could get this over with so I can get home. I miss y'all so much!" "Now that we have a trial date," Dennis observed, "It shouldn't take too long. Howard says there isn't that much evidence, so it should be all over within a week or two after the trial starts." "Did they ever find that girl Mindy?" Charlie asked. "Yes and no," Dennis answered, "She's dead, Charlie. She died of AIDS shortly after she gave that deposition." "So that means we can't even cross-examine her!" "Howard says that's good. He can have her testimony thrown out on the grounds that the defense didn't have a chance to question her. But let's talk about something else, ok? We might not all be together again until after it's over." "Fine with me," Charlie agreed, "How are the new tractors?" "Oh man!" Paul said enthusiastically, "You should see Andy and me plowing! We did twenty acres last Friday! Andy showed me all about how to drive... er... OPERATE the tractors. Andy says you told him only city boys DRIVE tractors." "Yeah," Christopher chimed in, "An' Andy showed me how to operate ole John. I been rakin' and baling hay! Billy said he was gonna show me how to mow too, soon as he got caught up on some of the other work." "Sounds like you guys are likin' the farm." Charlie observed, "Does that mean you're gonna stay?" "Adoption will be finalized within a couple weeks, Charlie," Karen answered, "Is that ok with you?" "Yeah! I love it! But I thought, with all this trouble, Social Services would give problems..." "Ordinarily they would have," Dennis answered, "But since these are private adoptions, Social Services really have nothing to do with it. We've gone ahead and had the family, the home, and the boys evaluated by psychologists and social workers anyway, but it's a go, all but the court order." Charlie felt a giant lump in his throat. It seemed that life on the Conner farm was moving ahead as planned, with or without him. Deep down, the rational, practical side of Charlie knew this was a good thing; but the selfish, emotional side of him was a little disappointed that things hadn't ground to a halt. Charlie spent considerable time reassuring Paul and Christopher, and in turn being reassured by Dennis that they were doing fine, that there was no danger of losing them because of the trouble. Having that assurance, having seen and touched and hugged his entire family once more, Charlie was now ready to face whatever was to come. When it was time for everyone to leave, there were no tears. Christopher and Paul were satisfied that Charlie was indeed well and content under the circumstances; Charlie was relieved that his two newest brothers would not have to leave; and everyone felt better after getting some long awaited hugs. Charlie wasn't even close to being prepared when the trial finally started. Unfortunately neither was Howard Bell prepared. He'd questioned Charlie a few times, shuffled through the reams of evidence the prosecution planned to present, and wrote the entire thing off as so much child's play. Jury selection was completed in record time, and the trial was under way. Prosecution had decided to try Charlie as an adult, which was not particularly bad news for Charlie, as far as his attorney was concerned. "What's the difference?" he asked Howard Bell. "Just this!" Howard answered, "To be tried as a juvenile, the most severe sentence you will get is to be jailed until you're 18. As an adult, you can get the death penalty, or life! It's a lot tougher to get a conviction as an adult." Hank Williamson first called three different store clerks, who identified Charlie positively as the one who had robbed them. Each time Howard presented the witness with a picture of Garth, pointing out how much they looked alike. Each time he excused the witness, confident that he had discredited them. Hank played the entire tape of an interview with Mindy Jacobson. In the interview she told how Charlie had participated in the robberies in question, and had masterminded several others. He had persuaded Garth to take drugs, then sold him the drugs he'd grown to need. He had got Garth very high on the night Garth died, then talked him into robbing the store where he was shot to death, after first unloading his gun. No, she'd said in the video, Garth did not know his gun was not loaded. Howard tried unsuccessfully to have the video thrown out, claiming that she was lying and he could have proved it, only she was dead. Prosecution countered that the entire tape could be considered a deathbed statement and was therefor admissible and credible. Prosecution won. Finally Howard called Charlie to the stand. He had located Dr. Petrie, who testified that Charlie seemed to take his surgery better than would be expected. They couldn't find Dr. Fisher, who had lost his license and had disappeared completely. And so after a long string of character witnesses, Howard had still not presented any hard evidence, nor had he effectively discredited the prosecution. "Are you sure he knows what he's doing?" Dennis asked Evan Turnbull, "I don't think things are going very well." "This is a murder trial," Evan answered, "Prosecution has to prove beyond any shadow of a doubt, and it's doubtful if any jury will agree that he's done that. I admit if I were doing it I'd do it differently, but I'm no trial lawyer. At this point we have to trust him, Dennis." "Do you recognized these papers?" Howard asked Charlie. "Yes, sir. These are printouts of emails that Garth and I exchanged." "But these mention two other names: Tonio and Carlo. Can you explain for the court who these people are?" "Yes, sir." Charlie went on to describe the book he and Garth had read, how Garth had insisted on role playing the story. "Could you please read these notes?" Howard requested, "And as you read, please note the dates that each was written." Charlie did. Howard asked Charlie various questions about the notes, about Charlie's frantic bike rides to meet his brother, and what went on when they finally met. He asked about Mindy, how Garth had attempted to involve Charlie with her sexually, and how Charlie had refused. Then he turned his witness over to the prosecution. "That was very interesting," Hank said as he stood and walked toward Charlie. "Now, I have my own set of papers I'd like you to read for the court. Do you mind?" "I... I don't know," Charlie said, "What are they?" "These are those same email notes, only these were taken from Garth's laptop computer, where we found it in the abandoned chicken house. Can you read them for us, Charlie?" "Yes, sir." Charlie replied as he took the papers from the prosecutor. He started to read. At first they were the same, but then Charlie's flawless reading faltered, then stopped. "These..." he said, "these are not the same. These have been altered." "Or," Hank said with a great deal of flair, "Or yours were altered. They certainly are not the same, are they Charlie? " "No, sir." "Will you keep reading?" "No, sir. I didn't write this stuff." "You agreed to read these notes." Hank said, more to the jury than to Charlie, "I think you had better continue." "This is not what happened!" Charlie protested. "Your honor," Hank said, "Would you please instruct the witness to read what he said he'd read." "You have to read it, son," the judge said. Charlie began again to read, knowing as he read he was hanging himself. He read of two brothers, having been separated for almost four years. They were plotting to meet, to knock over this or that convenience store, to buy drugs with the proceeds. The plot had obviously been very carefully thought out, and the notes Charlie was reading was the execution of these plans. And it was indeed very, very good! Before anyone knew it, the trial was over and it was time for the summation. But there was no need for a summation, everyone already knew the outcome. The prosecution had presented a well organized, well thought out case. In his summation, Hank presented a verbal picture of two little boys growing up on a farm. The elder boy was very definitely an under-achiever; the younger, an over-achiever. Naturally the elder boy was jealous, and sought revenge in the only way he could: physical abuse. By the time he left home, he had done permanent damage to his younger brother. Charlie had then put his superior intelligence to work, eventually getting the ultimate revenge when he tricked his brother into robbing a store with an empty gun. The defense had rested its entire case on the burden of proof. Even in his summation Howard had simply said that the prosecution's story was very interesting, but that it was only theory and had not been proved. His arrogance was at the very least annoying which, fair or not, was sure to have an influence on the jury. Everyone knew the outcome, long before the jury returned, which was only four hours after they were retired. On charge one of armed robbery: GUILTY. On charge two of armed robbery: GUILTY. On charge three of armed robbery: GUILTY. On charge four of armed robbery: NOT GUILTY. On second degree murder of Garth Conner: GUILTY. "Not to worry," Howard said cheerfully after Charlie had been taken out of the courtroom, "We'll appeal. There's no way that verdict will stick." "WE?" Karen said angrily, "WE? WE won't do anything! YOU will turn over the entire file to Evan Turnbull, then you'll get out of my sight before I do something I'll regret. You're fired!" "Karen," Evan said, "I don't know if that's such a good idea at this point..." "Do you want to join him?" Karen spat back, "That pompous ass has us in a real bind now. Now the burden of proof is on us to show why we should be granted an appeal. Meanwhile Charlie sits and rots in jail." The sentence hearing was the following week, and was a mere formality. Charlie's new attorney, Mark Stevens, had already filed an appeal and was confident that it would be successful. Mark had an attitude of confidence about him that was not arrogant, but he agreed that turning all those verdicts around would be an uphill battle. Charlie was cooperative, but aside from answering questions he said very little. He had evidently resigned himself to whatever fate was in store for him. Charlie and Mark stood in the crowded courtroom as the judge read his sentence. For each of the three robbery convictions: five years, to run concurrently. For the murder conviction: maximum allowed for second degree murder: Life, with no possibility of parole for forty years. From somewhere deep inside him, Charlie found the strength to stand without showing emotion, his eyes looking into those of the judge. "Your honor," Mark said after the sentence had been read, "Charlie's mother has requested a five minute counsel with the defendant. Under the circumstances..." "Two people!" the judge answered, "Mrs. Conner and one other person, for five minutes." "Andy!" Charlie said to Mark, "Please, can Andy be the second person?" "Mom," Charlie said as soon as they were in the small consultation room, "I'm so sorry..." "There's no time for that now," Karen said sternly, "We know you haven't done anything. Every impulse in my body wants me to hold you and hug you, but there's no time. After you're in bed tonight, you can cry your eyes out! I know I will. But until then you have to be strong, Charlie." "Yes, ma'am." "Do you remember the night you sang "Precious Memories" for TNN?" "Yes, Ma'am." "Remember our talk that night?" "Yes, ma'am" "Remember the night you sang "Rock of Ages? When you thought you were dying?" "Yes, ma'am." "Don't forget those nights. You're gonna need those memories right now. They'll give you strength, Charlie. I don't know why this is happening, but there's a reason. It's up to you to find it and live up to it. Charlie did get his hugs, both from his mother and from Andy. He told them he loved them, asked them to take his love to all the others, then asked Andy to take good care of their new brothers. And then the five minutes was up, and Charlie was on his way back to jail. Tomorrow morning early he would be going to his new home: Western Youth Institution, almost 300 miles away! He would begin what seemed at the moment a new life; a life behind bars. * * * I sincerely hope you enjoy my writing efforts. If you do, or for that matter if you don't, I would appreciate if you would write to me. My email address is charlieje@mindspring.com.