The Trial 1
Tuesday of the following week, David's POV
There's nothing like waiting until the last minute to make preparations for visitors to our home, and putting off until that day was nothing out of the ordinary. There was a mad rush to the washing machine and dryer as we all changed sheets on our beds, tidied our rooms including the windows to a spic and span condition.
Since David and I were the main people who used the main bathroom on the second level that was our responsibility so while Peter was finishing our room I worked on cleaning the bathroom, making sure all corners were scoured, making absolutely sure that the shower stall had no traces of pubes or jizz remaining.
I then ran the vacuum on the second floor hallways and entryways to our rooms. The respective owner(s) would then sweep their own area until it was spotless. Jeremy, the normally pig sty owner was proudly washing the last remaining window. He asked, "How does it look? I'm not normally 'spotless'."
"And proud of it oh dingleberry."
"You can be replaced."
"No I can't and you know it!"
"Yeah, okay, well get out of here. I'm just about ready to get a complex."
I snickered, and in a rare moment of harmonious brotherly trip into insanity I vacuumed his room spotlessly.
By then he was finished with his chore, he got down from the chair, walked over and grabbed me into a hug. He said, "You're okay for a little brother." We kissed quickly then I went on my way, smiling.
The next room was Andy's. For coming from where he'd come from he was a neat freak. Everything had to have its place, and it had to be clean, and it had to be just perfect in every way. Even his sheets… they were washed and dried each and every day without fail. How he managed to sleep in our bed on occasion baffled both Peter and I. He would also sleep with Matt and Antoine… but of course Antoine is pretty much the same way as Andy… so they got along just fine in their cleanly abode.
Maria and mom were taking care of the downstairs. They said, laughing of course, to stay out of their way.
I checked on Peter… he was putting on the last touches so I said, "I'm going to the pool. Come join me when you're through."
Seriously he said, "We don't have time for swimming… besides, we've already been."
"No dork, we're going to CLEAN the pool. Keep that stuff up and you'll find yourself very wet."
He snickered, lowered the back of his shorts thus mooning me. I closed the door, walked to him and lowered his shorts the rest of the way, grabbed his thing and began jacking it.
He pulled my hand away, turned around grinning and said, "We'll really be late if you don't leave me alone."
His eyes were dancing. I replied huskily, "So…"
Twenty minutes later our room was cleaned as good as it was going to get, which was very, very clean, so we headed down to the pool deck. Jeremy was already running the pool vacuum. I retrieved the container of seat, cover and table cleaner and proceeded to do that chore while Peter swept the deck.
After making sure the chemical balances of the water were in line the jobs were finished. Although our home was usually always meticulously clean it had that special smell of fresh furniture polish and gentle cleansing solutions.
Dad was wiping down the leather furniture, the stereo and communications center, the TV and the coffee table. I jumped in and helped out by getting the higher places for him.
Dad said, "David, behave yourself today. Just remember that your grandmother hasn't met some of our family… I'm not sure how she's going to take to our family. And she's not ever met Peggy in person either. Let me handle any situations which come up."
"Dad, we've got that straightened out… I've grown up from that experience… can we put it behind us?" I implored.
"Yes, we've put it behind us… but you'll have to remember than when we left grandma's there was still some tension between us."
"We're fine, right dad?"
"Yes, we're fine. Thanks for helping me out in here. I was wondering how I was going to get up there <pointing to the top of the TV>. You're growing David. You're a fine young man."
I smiled. We hugged deeply, kissed cheeks and then went on our own separate ways to finish up chores.
Mom looked tired. She was wiping off the bar one last time. A black counter top does show dust. I took the rag away from her and said, "Go take your shower, mom. Rest. We'll finish up."
I was dead serious. She kissed my cheek, handed over the dust rag and then disappeared upstairs.
I hid the dust rag in the cabinet under the sink. Everything looked okay and its proper place.
An hour later we headed for the airport. We had plenty of room since Peter, mom, dad, Andy and I were the only ones going to pick grandma up at the airport. That would leave plenty of room for grandma and her luggage.
The flight was going to be 45 to 50 minutes late. Apparently stiff trade winds had slowed the plane down to conserve fuel. Yup, we understood what that was all about.
Finally her flight did arrive at the gate. She had flown first class so she was one of the very first passengers off the plane. One of the airport personnel was putting the traditional lei around each passenger's neck. Grandma's was really pretty what with the purple, pink and rose colored flowers all tied together perfectly.
After hugs and kisses were exchanged, grandma hailed a cart driven by a totally hot looking dude who was 18 or 19 years old. He was thin but not skinny, tall but not a giant, had hazelnut medium length cut hair, slightly hairy arms and a beautiful smile. Peter looked at me, I looked at him – we smiled with appreciation. Although we would never mess around, alone or together, we knew our taste in men was very close together.
Dad and grandma got onto the cart and rode to the next destination: the baggage carousel. In short order we were loaded up and ready to rock on home.
I'd noticed that grandma and Andy had regarded each other but neither had said much about much of anything, other than grandma did ask Andy what grade he was in. He answered cryptically, not volunteering anything, and yet he answered her question, and that was it. I thought "oh no" because when he gets quiet like that he's actually holding a shot gun close by. I love the boy, and God does he have a mouth on him at times. On a fairly frequent basis mom or dad, or both, have to corral him in.
Despite our protests grandma insisted on staying at The Grand instead of in our home. At first, I thought "Sheesh, after all the cleaning we did…" but I restrained my mouth from saying anything I'd later regret.
Upon arriving, Jeremy and the gang met grandma in the garage.
"My my, the family has sure grown since we last got together… how do you keep up with everybody, Peggy?" Grandma said with a trace of sarcasm in her voice.
"Ruth, the boys are at age where they can pretty much take care of themselves. They're all good boys, young men actually."
Antoine walked to grandma and stood in front of her, offered his hand, and waited expectantly. I was not prepared for what happened next…
Grandma looked at dad and asked seriously, like what the fuck, "Where did this boy come from?"
Dad said, "Mom, this is Antoine. His mother, Peggy, is in the process of adopting him, and since we are getting married then he is my son too, just like Jeremy and the rest of these children here. Please take the hand he is offering you. He is very proper with his manners, much unlike these other hooligans standing around doing nothing."
There were a few quiet chatters and snickers passing around the garage.
When grandma stayed in place and would not take my brothers' offered hand he turned away and walked into the house. That pissed Matt off. His face got red and his neck veins stood out. He too took off to follow the love of his life. I know the look; I've seen it in Peter a few times.
I was just about to say something but Andy walked to grandma and said, "You've hurt his feelings. Look lady, my brother has been called a nigger and was punched out because he was fouling the beaches according to some nimrods. He doesn't need to be rejected by you too."
Andy, despite dad's protests to apologize, turned away and followed in his brothers footsteps.
I walked to grandma. She took hold of my shirt, reached her arms around to hug me, but I resisted, "Grandma, everybody here, we're all family. There is a lot of love in this place, and if you can't see it then I'm sorry for you."
I then walked back to Peter, took his arm in mine and then we stood silently waiting for the next thing to happen.
"Jim, you need to get off of your leg." Grandma said sternly then reached into the Escalade and gathered her two hand bags, filled to capacity. "Well, don't just stand there. Are we going into the house or not?"
"Mom, wait a minute. We need to straighten out something." I said.
Peggy said, "Jim, I'm going into the house to check on OUR sons." To grandma she said, "Ruth, my, our son has been through enough hate and bigotry in his young lifetime. I won't have it in our home. Maybe it is a good idea that you are staying in a hotel."
She then turned and walked into the house, closing the door behind her with a thud.
Mom was pissed. Diplomatically pissed, that is.
"Mom, I have always loved and honored you. I still love you but I agree with Peggy, our home is not the place to carry bigotry and homophobia… which by the way you did not teach us while we were growing up. I think you owe your family an apology."
Jeremy, usually the ill tempered one when it comes to having his brothers picked on, racially challenged and other negative stuff, walked to grandma, took her bags and said, "Are you coming in or do you want to go direct to your hotel room. I have a license and the truck is mine."
Peter, being the more diplomatic one of us, walked to grandma, lifted his shirt up to his chin, and said, "Grandma this scar represents the level of love in our home. As you know, I gave my kidney to Matt, my twin brother. Andy, Matt and I are flesh and blood. We're in this together. David and I are soul mates. We're in this together. Without mom and dad, none of this would have happened… none of us would have any love. I would likely be dead by now, and I know Matt would be dead if it weren't for the excellent hospital care he received, and Antoine's love. This is just the way it is."
Peter walked to me, took my hand in his then led us to the doorway into the kitchen. Grandma said, "Jim, no boy has ever talked to me like this before. I don't understand it."
Dad replied, perhaps he said the most meaningful words I'd ever heard in my life, within the family or outside of it, "Mom, love knows no boundaries. Mom, I love you, but do not make me have to make a decision… I will be staying here… this is my family."
Grandma then looked around the room, at me and Peter then to Allen and Angel to Jeremy and back to dad, "Well, are we going to stand out here all day?"
Because of the tension in the air, we guys went outside to the pool and sat around in our properly attired for visitors clothing, shooting the shit, and going between low level chatters and morose silence, I stood up and said, "I'm not going to have this fucking shit. There's no fucking excuse why we have to be this way in our own home."
Antoine said, "Don't David, I'm used to this. It's really no big deal."
"It is too a big deal. I never ever thought my grandma would be like this… not since the funeral anyway. I thought we had things straightened out." I said seriously.
Just then mom entered the pool area where we were sitting. I motioned for her to sit in my chair but she just said, "It's time for dinner. You guys behave yourselves. She's your elder and respect is due her."
Andy stood up. Thank fully mom was standing close to me, within an arm length because Andy opened his mouth and said, "You and dad have been teaching me respect and that I am respectable, and that we are all due respect just as much as we have to give it. That is pure-d UMPHUHMPH…" He didn't get 'the word' out because I clamped my hand over his mouth to keep him from saying it, and getting into trouble, and making a bad situation even more tense.
Sternly mom replied, "That's right buster. But we can't control the world. Sometimes being respectful is very difficult. What makes a good person is when we don't disrespect them just because they disrespect us. It's a hard lesson to learn, buddy. Do you understand what I'm saying because if you don't then we'll repeat this discussion until you DO understand, okay?"
Antoine stepped up, "Mom, you are correct. Andy, mom is correct. We can't force the world to accept us. We just keep going being the best people we can be at any given point in time. We make mistakes. Well, so does the rest of the world. Get used to it."
As if in a funeral procession we walked into the house and took seats in our customary chairs, however grandma rather than dad took his customary seat at the head of the table. Since she was the elder she was asked to say grace.
"Dear Father in Heaven,
Please bless these food gifts before us. Hold us in your arms and keep us safe. Teach love not hatred. In your name we pray. Amen."
A chorus of Amen's dutifully followed.
Dinner was a stiff and starched affair. Properly placed pleases. Appropriate and bountiful thank you's. No reaching. Silverware in their proper places.
I knew it was going to happen.
Andy opened his mouth and asked innocently, "Ruth, what does that prayer you said mean?"
"Young man, it means that we must be thankful for what we have. Through God's grace we're kept safe. And for those who don't believe… well, you see the bad in the world."
"Oh… okay <I saw it coming>… so we should be thankful for everything, right?"
"Yes. We are fortunate to live in this land. Those poor children in Africa, oh my."
"Yeah, it's nice here. But did you know that my brothers lived on the streets? Antoine had to …"
Mom said, "That's enough Andy. Now is not the time."
"Well, Peter are you grateful?" Andy orchestrated… he was on a roll.
"How about you Matt?"
"How about you, Andy? Are you grateful?" Grandma asked.
"Oh heck yeah. Grandma, you don't understand… <mom was beginning to lose her cool… you could see it in her face, her body tensed. Dad scooted, he was just about ready to say something when Andy continued…> I'm really grateful. I mean, I was a street whore kid too. Lots of times I had no money to buy food with… unless I screwed myself a meal."
Dad said, "Andy, that's enough of that talk at the table."
Andy recoiled, "Dad, we talk about everything when we eat… it's our main time together as a family…"
Andy had a very valid point… he was absolutely correct. Was grandma going to be an outsider, or were we going to be the outsiders?
Peter said, "Grandma, I thought we were okay. Dad may I be excused, please?"
"May I be excused?" Matt asked.
Antoine followed Matt, and Jeremy followed Antoine, and I followed Jeremy, and Allen followed me, and Angel followed Allen.
Andy said nothing. He continued to look at grandma. He was waiting for an explanation from her. They were staring each other down. Then after 5 minutes or so of no activity, other than breathing, Andy continued, "And just what does 'teach love not hate' mean? Do we love some people and not other people? 'The Bible says so' is so out of date."
I couldn't help it… I snickered. Jeremy sat straight up in his chair. He was wearing his trademark stone-walled facial expression yet he was, at the same time, trying to maintain his composure.
Peter looked at me then smiled but then he turned to grandma, "Andy's right. The Christians believe that Jesus Christ walked up the mountain under the great burden of the cross, and that he stopped to talk with beggars, whores, little kids, fallen women, lepers, and other down-casts of their society. Those other down-cast people probably included gay people, no doubt. So what is it? Are some of us loved and some of us not?"
"If you are in sin then God's love is limited at best. Tell me, have you boys atoned for your sins of fornication, and other bad things?"
Dad had had it. He said, "Mom, these boys had to do what they had to do in order to survive. Adults used them for their own pleasure – and money. Greed is also a sin. Mom, Antoine had to run drugs for his parents -or- he would have been beaten half to death. They taught him very, very bad things but you know what? He's a really good kid. He developed his own values that are stronger than what society 'requires' for us to be good upstanding citizens of this country that he loves so much. You may be excused Antoine. Jeremy, Allen, Angel, David, Peter… you may all be excused. Mom, you owe Andy an answer."
Nobody moved to leave the table. Peter spoke up next, "Dad got hurt because I was afraid. Those black and blue marks on his face did not get there by falling down stairs. They got there because I put them there. It was wrong. It was very wrong."
Dad's eyes filled with tears. His pain wasn't gone yet… maybe it would never be completely gone. But he said, "He got afraid because I was going to hit him. I really thought about it, just for an instant. But do you know why he reacted like he did, mom? Do you really know why he is here?"
"Dad, you don't have to…" Peter said softly, with tears ready to flow.
"Yes I do, Peter. This lady sitting here is my mother. She taught us to tell the truth no matter how much it hurts, isn't that right mom?"
"Yes it is. Peter, I know you were beaten senselessly, and for no good reason. Your dad also told me that you went to jail… and what happened to you. I'm sorry that happened, really I am."
Peter looked down. Those tears that he'd been holding onto began trickling down his face. I took his hand into mine, kissed it, and said, "Grandma, grandpa told me that I'd be okay and happy with my lot in life. You know how depressed I was… I've told you that before. I love each of my brothers so very, very much. Sure we have our stories… but we're here together. We laugh a lot, and yes, we cry too. Would you please answer Andy's question. We all need to know."
When grandma didn't immediately answer… there was something in her eyes… her mind was grasping hold of what we'd been talking about around the dinner table, normally a happy, fun and loving place to be. Andy picked up on it too. He held out his hands. That was our sign to come together. It went around the table. Dad took hold of one of grandma's hands while mom took the other.
I closed my eyes and then sent my most heartfelt and strongest love that I could come up with at that time. I felt the love passing through and within. I felt Allen's. I felt Jeremy's. I felt Peter's the strongest, of course but then there was Matt's and Andy's… they were largely equal. I felt dad. I felt mom. We were family without any doubt.
"With all of the gay kids around here…" Grandma said.
I laughed nervously. I couldn't help it. Dad gave me one of his dagger looks, mom touched my shoulder, Peter's mouth dropped open … and well the other guys didn't help any.
"Grandma, gay doesn't rub off on people. It's not something somebody can get like a cold or something." I said after regaining control of myself. Andy snickered.
"I'd be screwed if that were true, David." Andy said then added between snickers "… I didn't mean like that."
"That boy has a mouth on him, James. You're going to have your hands full with him … just like I did with you when you were his age."
"It's about time somebody did, mom. Yeah, you warned me…" Dad said chuckling.
"Well, my brothers and I haven't done anything to hurt anybody. Making assumptions is pretty dumb. I thought my dad was an okay dude … until he … well, never mind. That's not the point. Uhm, what can we do to make this right?" Andy said.
"There is nothing right about having sex with another guy. The Big Big Book says so." Grandma said emphatically.
Matt quipped, he wasn't thinking clearly, "There we go again… the Bible says so…"
Mom sent daggers toward Matt. Since the daggers weren't pointed toward Andy, for a moment, he spouted, "That book also says we aren't supposed to judge each other. I thought there was a God who did all of that. I happen to unconditionally love my brothers. Antoine's gay … did you know he saved my life? Did you know Dad, your son, was in a position to take a bullet because I was in trouble?"
"No honey, I didn't know that."
"Did you know that Peter saved Matt's life?"
"Did you know that Antoine also saved Jesus' life … that's pronounced hay-Zeus by the way?"
"Peter got me to wear this thing, grandma." I said knocking my fist against my Leg.
"This family saved my life grandma." Peter said.
"Mom, I have a whole family of heroes surrounding me. Did you know that Matt stayed at my side when I fell and broke my ankle? He would not leave my side. These are my boys, I guess if you cannot accept …"
"Oh be quiet James. You are doing some real good here. Come on boys and please give this old bag of bones a chance to get to know you. David, you're happy aren't you?"
"Yeah, grandma, I'm really happy. Grandma, please don't get mad or think bad things about us if we kiss once in a while … we just … well sometimes we can't stop, I mean yeah we stop, but …"
"I was married to your grandpa for a hundred years … I know how that is … give me some time, okay? All of you guys. Andy, I'd like to get to know you. I like your spunk young man."
No doubt, six tongues just about got bit in half. Dad gave the evil eye to each of us in rapid succession … quickly we made our exits and when we got to the pool and closed the door we cracked up, laughing hysterically.
"What's so funny?" Andy asked innocently.
"Well, it's like this little man …" Antoine said then went on to explain a new vocabulary term to the boy. When he 'got it', the look of total surprise on Andy's face was priceless, and not soon to be forgotten.
Andy, not giving a care in the world, stripped to his skin with his very hard maleness hugging his belly like a well fitting coat dove into the pool. The rest of us, somewhat skittish because of company restrained ourselves but then mom popped her head out the door called me to her where she explained that she'd shut the blinds but that we weren't to come parading in the house wearing only our skin. I assured her we could do that.
I relayed the information.
Two hours later, grandma entered the pool deck area with mom and dad at her side. I was sitting on the edge of the pool as were Peter, Angel and Jeremy. As soon as she made her appearance we disappeared into the pool.
They sat down. We migrated to the deep end. That's where we stayed. Andy said, "Let's play water soccer. We can't just stay down here and not have any fun."
Allen pointed to the ball lying by itself in the corner, next to the fence. Andy, being the bravest of us all simply used the stairs to hoist himself out. He scampered to the corner, grabbed the ball then pranced like he had no cares in the world to the side of the pool, tossed the ball in our direction then dove in and joined us. The water was 6 feet deep in that area of the pool, deeper than any of us could handle for any length of time, other than swimming but then again we either swam on top of the water with our bodies providing buoyancy, or we swam underwater.
Jeremy, being the eldest, began walking the shallower end of the pool, about midway, grabbed the ball and began flipping it up in the air… he was waiting for us. The water came to just below his belly button, the top of his trail clearly visible. If the water came to his belly button then it would be above the belly button for the rest of us.
"Come on guys." I said and then took off for the middle of the pool where Jeremy was.
At first, our game was subdued but then as time went on, the state of our dress or undresses, as the case was, became a non-issue. I know that grandma got a good view of a bunch of cheeks jumping up in the air… but nobody was concerned. It was business as usual, as the saying goes. Periodically I'd look in their direction… they were having an animated discussion. Grandma talks with her hands… they were moving frequently, at times in all directions. She was paying us no attention.
There came a time when I could no longer hold my needs. Andy voiced a similar need… several of us needed to use the can. Once again, Andy unabashedly walked right by them on his way to the restroom in the pool engine/shower/dressing room. About 2 minutes later he returned carrying a bunch of towels. He said, "Okay, these are for the wusses… you got nothing I don't got. Hell, they ain't even paying attention to us."
Dad hollered, "Andy, watch your mouth young man."
"Sorry." Andy said then dropped the towels just out of reach and dove in like a fish, swam to the other side, and broke up into a fit of giggles.
I swam to the shallow end, the side of the pool closest to the adults, worked my way out and asked mom to bring me my crutches, please. She did. Then she smiled mischievously.
I had no choice.
I grabbed the crutches, got out of the pool then hobbled to use the bathroom. I didn't get out of ear shot before hearing grandma say, "Jim your boy is growing up. You and he are so much alike when you were at that age."
I suppose I should have been mortified with embarrassment but then again I had no time to spare to get business taken care of. Once that was taken care of, and after flushing I left the shower room just like nothing had ever happened. There was a line to get into the bathroom… nobody was wearing a towel.
I don't know why it is but when I am anxious and nervous I bone up, if only a little bit… I was a bit nervous and anxious as I passed the table where they were sitting.
I walked to where Andy had thrown the towels, wrapped one of them around my midsection then at down on the pavement. The rest of the guys joined me and then the adults included us in on their conversation.
Grandma said, "You boys have nothing to be ashamed of. I've seen it all before. So long as you guys don't get all carried away, and I don't want to see you guys slobbering all over each other…"
Peter sat down next to my side. We joined hands, leaned in to one another and kissed briefly.
Grandma smiled, "You two look like an old married couple."
And so it was. Grandma made the turn.
When it was time to go inside, dad took grandma while mom hung back. She said, "We've made a rule to be obeyed and honored when grandma is here. Please wear some underwear or a towel around the house. Excuse yourself if you get an erection if you are in a public part of the house – the TV room, the kitchen, the family room… those are the requirements."
Grandma stuck her head out the door and said, "Peter you have a phone call."
Peter kissed me then ran into the house, his towel largely dragging behind, leaving his sweet cheeks fully exposed to me and to the rest of the world. I smiled, and wooded up a bit more than usual.
After tying the towel I took off for the bar area where the phone was, hoping to find Peter. He was standing there fiddling with his towel while trying to talk on the phone at the same time.
"Oh hey Ron, how's it going? How's Nicole?"
"Oh man that's so kewl… I wish I could see that."
"You are? Really?"
"Oh man, that's so kewl. When are you arriving?"
"Perfect. Ron, please join us for Thanksgiving dinner… we'd love to have you!" Peter gushed.
"Oh man, this is so neat. Wait until I tell David and the family."
"Yeah, you too… okay, see you on Thanksgiving day. Bye."
When Peter rapidly turned around… he was so happy, and so forgetful… his towel dropped to the floor… he definitely had a semi, pointed down at about a 45 degree angle to the floor.
"Mom, dad, grandma, everybody, Ron and Ann are coming with Nicole. I invited them to dinner. They said they were coming to see us. Nicole is kinda sort walking. Oh God, that's so kewl. Oops, sorry." Peter said then bent down, retrieved the towel and quickly covered himself.
Grandma said, "And you young man… why haven't you been sending me pictures of your daughter? Shame on you."
"Sorry grandma… uhm, I've uploaded them to the home system. We can see them in the TV room, if you want to?"
Grandma's only answer was to get up, smile at Peter then took his arm in hers and headed for the TV room. The rest of us followed.
For the next hour we saw pictures of Nicole, the rest of us and our trip to DC. Grandma looked like she wanted to get up and touch that beautiful child, more than once.
The following day, Bill Smith from the federal prosecutor's office called and announced that the joint trial for Tanya and Harlan would begin on Monday of the following week, the week following Thanksgiving. He would require Matt and Peter's presence to testify against them. Peter's ex-mother and his ex-uncle had chosen to waive a jury trial, meaning that their case would be held in front of a judge who would make the determination of guilt or innocence.
When I told Matt and Peter, first, they both, at the same time, puffed out their chests, held hands, and Peter spontaneously said to Matt, "Finally brother. We can soon put all the crap behind us."
The hugged deeply and then pulled me in. The boys announced the news to the rest of the family at dinner time, around the table. Grandma patted both their hands and said she wouldn't miss that for anything because she would be there to support them.
Peter would later tell me that he and Matt told grandma the main part of the story, and only left out the graphic sex parts, not because they wouldn't say it but they didn't want to hurt my mom. I tell ya, I get prouder and prouder of all my children as each day passes.
Thanksgiving Day arrived.
The house was full. We invited a bunch of people. Alice, Horace, Jason, and William arrived early to help mom and Maria cook dinner, and yes Maria did permit people in 'her' kitchen. Of course Jesus and AZ came as did Ella, Judge Matheson, Fugi and his wife and their son Hoi and his partner Jess.
Ron, Ann and Nicole arrived at about 11. Although my family and our friends were very, very important… the highlight was Nicole. God she was getting big. And yes she took her first step on her own without the support of a coffee table, chair, stereo cabinet, and etc. I'm glad David was taking video because Ann giggled and told me I had to be kidding – yet there it was on video. She was amazed because my baby had just started getting around, other than crawling, 2 or 3 weeks before coming to see us.
Nicole was pretty fussy because she was just getting over an inner ear infection. When she cried boy did she cry. The kid has a good strong set of lungs on her. It was funny because when none of us could get her calmed down grandma would take her and the kid would stop her screaming, giggle, coo, smile and all those other cute little baby things. Ann and Ron threatened to put grandma on retainer so that she could come at the drop of the hat when Nicole was sick and/or screaming. As it were, Ron frequently came to Maui on business.
A surge of hope arose…
Ron said, "Perhaps, if you are agreeable… I could bring Nicole… she could stay with you through the day… would that be something you'd be interested in?"
"Yes, absolutely, I'd love to have her here with us."
As I said Nicole's visit was the highlight of my day.
Later in the afternoon, Judge Matheson announced that Andy's legal situation with his previously adopted family was moving along ahead of schedule and that he should be cleared by the end of January. Ella said the family were being assholes about the whole thing, just because they could.
Ann, Robert and Nicole had to leave around 5:30 to catch the last commuter flight back to Oahu. The separation was painful: she cried as did I.
Once they left Allen and Angel, Jason and Jeremy, me and David, Andy and William and I all sat down at the computer in dad's office and came up with a mission statement for the foundation. It read:
"'The Mildred Hilyard and Manual Moreno Foundation' is an organization devoted to caring for the children of Hawaii who have been labeled outcasts of society with particular emphasis on gay and abandoned youth.
Each and every child will be loved and cared for, and will be afforded each and every opportunity to succeed, and to become an active and valued member of society."
Dad and Horace announced that our home construction was on schedule but that there were legal snags about the foundation complex because of some stupid zoning laws. Judge Matheson was working on it with the state, and the federal government since it had been seized as an asset. Dad wrote a one dollar check and gave it to the judge. This was for what the legal beagles call 'consideration', or money to make the contract valid.
After that announcement, Jeremy and Jason returned Father Ben, Maria, Jesus and AZ to their home at the rectory within The Mission.
Monday morning, Dad's POV
After a wonderful early morning breakfast in a nice restaurant we took off for the airport to catch a commuter flight to Honolulu where the long-awaited trial would begin for the matter of determining guilt or innocence for Tanya and Harlan Jamison. Our entourage Mom, Peggy, Peter, David, Matt, Andy and me arrived at the courthouse at about 8:15 at which time we met with Richard, Ella and the prosecutor. The prosecutor gave Peter some important information about possible questions the defense team was likely to ask. Although we were not privy to the conversation between them Peter did return with an air of confidence.
Mom wanted to be there for her grandchildren to support and encourage them. Her decision to go with us was last minute.
I was deeply moved when Dr. Choi and Alexander showed up. While they were not officially summonsed to testify both wanted to be there on Peter's behalf and to provide expert psychological testimony if needed. The prosecutor was moved by the show of support and even suggested that Dr. Choi might be called as the prosecution's star witness if necessary, if things were going south on our side.
Just before we were to go into the courtroom Peter asked all outside of our family to please leave for 5 minutes. They left and said that they would be in the courtroom.
Peter urged us to join hands. We did. He bowed his head reverently and said, "God, I know we don't talk too often but I could really use your help. I don't want to be scared anymore. Oh I don't know what I'm trying to say here. I don't know what I'm feeling anymore. I mean I feel … I just don't know what I'm feeling … that probably doesn't make sense to you … and please please please help me with forgiving my ex-mom and ex-uncle, and please bless my family. Thanks. Amen."
I was moved to tears that Peter would ask for the willingness to forgive the bitch who gave birth to him. A chorus of Amen's followed Peter's lead and then we headed into the courtroom, armed with renewed strength and empowerment. Just before we entered I took Peter aside, hugged him deeply and whispered that everything was going to work out in the end, and that I was damn proud of him for his desire to move on, to enjoy his new life with our family.
No sooner than I sat down I felt a tingling sensation pass through my entire body from the top of my head to the tips of my toenails. Peggy suddenly looked into my eyes. I smiled and somehow felt that perhaps Peter's prayer was being answered, and that indeed everything would work out okay.
With that I looked around the courtroom. Because it was a criminal trial that had garnered a fair amount of media attention the room had quite a few spectators, a couple of media mongers, and a number of law school students there to observe a criminal trial in progress.
Me? My level of acceptance and good well waned when I saw Tanya and Harlan led into the courtroom. A trace of anger passed through when they were seated at the defense table and had their handcuffs and shackles removed.
She looked like a fucking whore with all the damned makeup, the gaudy and ill-fitting business suit and her hair done up impeccably. Harlan was wearing a cheap suit, probably a charity gift from those who support criminals. Also, his hair was greased back and he needed a shave and haircut. What a piece of fucking scum trash.
Promptly at 9:00am, the bailiff announced: All rise. The honorable Judge William Peterson is presiding.
Judge: Please be seated. Bailiff, please call the next case.
Bailiff: Yes sir. Case number 09-7265, The United States of America vs. Tanya Jamison, and case number 09-7315, The United States of America vs. Harlan Jamison. They have both waived jury trials and are represented by counsel. Both the prosecution and the defense are ready, Your Honor.
Judge: Thank you, bailiff. Tanya Jane Jamison, please rise.
She did so, and was sworn in.
Judge: Miss Jamison, the charges against you are:
Counts one, two and three: Felony Child Endangerment.
Counts four, five and six: Felony conspiracy to commit lewd and lascivious acts on a child less than age 14.
Counts seven, eight and nine: Felony solicitation of a child for lewd or lascivious behavior on a child less than age 14.
Counts ten and eleven: Felony Accessory to Attempted Aggravated First Degree Murder on a child less age 14.
Counts twelve and thirteen: Felony aggravated assault on a minor child under the age of 15.
This case was sent to the Federal Court for reasons of determining guilt on each and all charges since it is alleged the Hate Crime statutes apply since the victim is a member of protected classes as set forth in the Constitution of the United States of America, as amended.
You previously pleaded not guilty to all charges. Have you changed your plea?
Judge: Would the Defendant please be seated.
Harlan Jules Jamison, please rise.
He did. He too was sworn in.
Judge: Mister Jamison, the charges against you are:
Count One: Felony rape of a child under the age of 15.
Count Two: Attempted felony aggravated first degree murder.
Count three: Felony aggravated assault on a minor child under the age of 15.
This case was sent to the Federal Court for reasons of determining guilt on each and all charges since it is alleged the Hate Crime statutes apply since the victim is a member of protected classes as set forth in the Constitution of the United States of America, as amended.
You previously pleaded not guilty to all charges. Have you changed your plea?
Harlan replied, "Yeah."
Judge: "Mr. Jamison you will address this court using proper form. Have you changed your plea?
Harlan: No, I mean yes.
Judge: For the record, a simple yes or no answer is all that is required.
Harlan squirmed in his chair, looked at the defense attorney who nodded, and then said "Yes."
Judge: Okay, well that makes it much easier Mr. Jamison. Your previous plea was not guilty… that's why we're in court. Be seated.
Mr. Snead (Defense counsel): Your honor, my client has not advised me that he changed his plea. Permission to counsel my client.
Judge: I found the change a bit odd. Mind you, I will gladly accept the guilty plea but in the spirit of all fairness, permission is granted.
(Mr. Snead talked with the asshole. Asshole began vigorously shaking no).
Mr. Snead: "Your honor, my client maintains his not-guilty please. He thanks the court for its indulgence.
The judge shuffled paper work on his bench then said "Duly noted is the fact that the defendant, one Tanya Jamison, is represented by defense counsel, Tom Sneed. The prosecutor, William Smith, is here and represents The United States of America. So … shall we get this trial on the road? Ms. Jamison, is it true that you have waived a jury trial?"
The defense counsel quickly spoke into Tanya's ear. The dumb ass forgot to mute the microphone "Speak respectably to the judge. It is yes sir or no sir." Tanya replied "Yeah, whatever the fuck." Then she spoke into the microphone and said to Judge Peterson "Yes sir."
Judge (glaring sternly toward Tanya): May I remind you, Miss Jamison, that this trial is underway. Your comments were heard throughout this courtroom. You will refrain from further outbursts or I will consider your side of this trial done and over with and will rule accordingly. Counselor, if you would please turn off the microphone when you confer with your client, it would be greatly appreciated.
"Yes, Your honor. I apologize to the court."
Judge: Harlan Jules Jamison, please stand.
Judge: Is it true that you have waived a trial by jury?
Harlan: Yes sir.
Judge: Very well. Be seated. Mr. Prosecutor.
Prosecutor: Yes sir. Your honor, we have every confidence of proving beyond any reasonable doubt that both defendants are guilty as charged. We will prove to the court …
Judge: Providing an opening statement is for juries. Would you please get on with the facts and let me decide. Thank you very much.
Prosecutor: Yes sir. Prosecution calls Ella Right, Child Protective Services for the State of Hawaii.
Ella made her way to the stand, sat down professionally then was sworn in.
Prosecutor: Good morning, Ms. Right.
Ella: Good morning to you too.
Prosecutor: Would you please tell the court when and how you were contacted regarding the matter of Peter Scott Blake, also then known as Peter Scott Jamison, a minor child.
Ella: I was contacted by Mr. James Blake, a neighbor to the Jamison's, concerning suspected abuse to Peter Scott Blake, a minor child.
Mr. Blake informed me the child sustained serious injuries to his person and that the child was at his place of residence for temporary safekeeping since the child told him that his then mother, Tanya Jamison, and his uncle Harlan Jamison, both defendants in this matter, did in fact cause, perpetrate and execute said abuse onto said minor child.
(I patted Peter's wrist. He tilted his head in my direction, nodded then returned his attention to Ella's testimony, as did I).
Prosecutor: Is it true you referred Peter to the emergency room at University Hospital for …
Sneed: Objection. Leading the witness.
Judge: Sustained. Rephrase the question.
Prosecutor: Yes sir. Ella, please tell the court how you became involved with the victim.
Sneed: Objection your honor. Foundation.
Prosecutor: Go ahead, Ella, please.
Ella: As I said, Mr. Blake called me. I told him to take Peter to University Hospital for diagnosis, care and treatment, and that I would meet him there, which I did. When I arrived, I performed an emergency assessment of Peter's situation. The nature of Peter's injuries was determined to be potentially life threatening by his attending physician, Dr. Miller. I have previously submitted Peter's medical records to the court.
Judge: Yes, I have reviewed them. This court has also had them reviewed by a court approved and appointed review panel. Thank you.
Ella: From the hospital, I notified local police who apprehended, arrested and charged the defendants with felony assault. They were jailed pending formal charges.
Prosecutor: Please tell the court how Mr. Blake was awarded care and custody of Peter.
Ella: Peter had, over a short time, befriended David and Mr. Blake. David Blake is James Blakes' natural born son. Mr. Blake showed genuine care and concern for Peter's safety and welfare. Mr. Blake owns his own business, has two children of his own, and is known to the CPS and court systems for his expertise in security and surveillance.
Prosecutor: Very well, thank you. So, then Mr. Blake was an approved foster parent?
Ella: No sir. The Department approved him on an emergency basis. Before Peter was discharged from the hospital, a full background check was performed. It came up clear so Peter's case was sent to family court for a permanent foster care placement. The petition and orders to and from family court were submitted to this court for review.
Judge: Yes, I have those. I've reviewed them. All are in order. Thank you.
Prosecutor: Had the defendants been on your radar screen, Miss Right?
Ella: No, not until that point in time.
Prosecutor: For the record, evidence reveals a petition to sever parental rights was served on the defendant Tanya Jane Jamison, the birth mother to Peter Scott Blake; then known as Peter Scott Jamison. Said defendant signed over and forever abandoned her rights to the minor child on July 15th, a petition to adopt said minor child was submitted to family court. The order was signed on August 6th.
Judge: Yes, I have both documents. I have reviewed them. The minor child was represented by a guardian ad litem who testified the adoption would benefit the child. No significant, show stopping qualms were noted in the record.
Prosecutor: As part of my investigation, that is before this matter was remanded into the federal court system, I conducted two interviews with the defendant, Tanya Jane Jamison, and one interview with Harlan Jules Jamison, the co-defendant.
In both interviews with the defendant, she apprised me of the difficulties she had had with raising the minor child. She used the term 'incorrigible' when referring to the child on a number of occasions. The Federal Government became interested in this case when she repeatedly referred to the minor child; excuse me your honor, as a 'fucking faggot who would reside in hell for all of eternity'. She excused her behavior by saying her actions were to drive the devil out of him, to make him an upstanding, God fearing citizen. The transcripts of my interviews are marked exhibit 1. It is also noted that the defendant was known around the jailhouse as a racist. Furthermore, the videoed interview is available to the court for viewing.
Mr. Sneed: Objection. Please strike the last sentence from testimony, irrelevance.
Judge: Overrruled Mr. Snead. Yes, I have received and reviewed those transcripts. The court is ready and waiting to display those recorded interviews should the defendant become dishonest with what she says that differs from the original testimony.
Mr. Sneed: Objection your honor. Heresay.
The judge sat up, glared over his glasses and retorted, clearly annoyed: I beg to differ with you, counselor. Are you saying that what this court has in evidence is hearsay? Do tell, please. Meanwhile, your objection is overruled… do you understand?
Mr. Sneed: Yes sir. Objection retracted.
Ella: May I please say a word?
Ella: I conducted interviews on behalf of CPS for purposes of petitioning Family Court for severance of parental rights. Those transactions were rife with references to and about Peter's sexual orientation. In the best interests of the child, I had prepared a petition to have the defendants parental rights terminated. The petition was not necessary. Instead, the defendant requested that her parental rights be terminated. A copy of her hand-written request is included, by reference.
Judge: Yes, I see that. Very well. Go ahead.
Prosecutor: For the record, when did your involvement end with Peter's case, Miss Right?
Ella: On the date the order for adoption was entered. That is when CPS' involvement ended. I continued to follow him along on an unofficial basis. CPS stepped back in, as an interested party, when said minor child's natural twin brother was united with him. Currently, a petition for adoption is pending in Family Court for his natural born twin brother. His name is Matthew Scott Jamison. In addition, yet another minor child, Andrew Jamison…
Mr. Sneed: OBJECTION YOUR HONOR. RELEVANCE!
Judge: This is getting interesting. Overruled. And… do not interrupt the witness on the stand, do you understand?
Mr. Sneed: Your honor, defense counsel fails to see the relevance. Those are entirely other matters.
Judge: Your objection is duly noted. It is overruled however. Let the record reflect there are actually three interested parties, better known as victims, in this matter. Mr. Smith, please note the three parties: Peter Blake, Matthew Blake, and Andrew Jamison.
(The recorder typed a mile a minute then nodded).
Mr. Sneed: (while sitting down in his chair – once again he had failed to turn his microphone off). This is a farce.
Judge: One more outburst from you and I will hold you in contempt. Do you understand?
Mr. Sneed: Yes sir. If it pleases the court, I request a 30 minute recess to confer with my client.
Judge: Denied. You have had plenty of time to confer with your client prior to getting to court, counselor.
Mr. Sneed: Formality sir, please let the record show that defense counsel objects to the denial.
Judge: Duly noted. Please proceed, Mr. Prosecutor.
Prosecutor: Thank you Your Honor. I have no further questions for this witness at this time. Right to recall.
Sneed: Is it not true that you did not follow CPS policy and procedures when you approved Mr. Blake for foster parenting?
Ella: Policy and procedures were followed to the letter, Mr. Sneed. I have previously testified about Mr. Blake, his credentials and qualifications, and the emergent nature for placement. If it pleases the court, the Department processed a placement for adoption for a child adopted by Mr. and Mrs. Blake several years ago, so he is well known to CPS and to local family court. I transmitted a copy of that petition and order to the Court.
Judge: Yes, I have it.
Mr. Sneed: So you are telling the court that you placed a child in the custody of a person whose foster care status had long ago lapsed? On whose approval did you receive authorization to circumvent established procedure?
Prosecutor: Objection, your honor. Defense is badgering the witness.
Judge: Your objection is duly noted. However, I will allow the question with the stipulation that defense counsel make this very brief. Your objection is overruled.
Mr. Sneed (with a smart victorious ass look on his face): Answer the question, please.
Ella: I am the Supervising Director of our department. With that, I am allowed wide discretion so long as it is within the confines of the law. I was and continue to be within the parameters of my job description, and more importantly, the law.
Sneed: How many people report to you, Miss Right?
Prosecutor: Objection. Relevance.
Sneed: Very well. Who do you report to Miss Right?
Prosecutor: Objection. Relevance. Miss Right has stated her credentials.
Judge: Overruled. Mr. Sneed, I will allow this one question. Miss Right has indeed stated her qualifications, experience and expertise with regards to her job and with the relationship with the alleged victim. Who she reports to is relevant. Continue.
Mr. Sneed: Please answer the question.
Ella: I report to Samuel Bridgestone, the Deputy Chief of Children's Protective Services for the State of Hawaii.
Mr. Sneed: Did Mr. Bridgestone give you the authority to circumvent the processes and regulations concerning child placement?
Ella: No. I handle these cases properly under the statutes I am obligated to honor and charged to uphold.
Mr. Sneed: No further questions, Your Honor. Right to recall.
Judge to Ella: You may step down.
Ella: Thank you, Your Honor.
Judge: Call your next witness, Mr. Smith.
Prosecutor: Prosecution calls Mr. James Blake.
I straightened my tie, got up then strode to the bench, was sworn in and sat down.
Prosecutor: Mr. Blake, for the court, please state your name, date of birth and social security number, and relationship to the interested parties, the minor children in this case.
I did so.
Prosecutor: Please tell the court how you got to know the minor child Peter Scott Jamison, now known as Peter Scott Blake, by virtue of adoption.
Me: Peter, my son, and I became acquainted soon after he and his parent moved into the neighborhood. Actually, it was they who came to our door, knocked and were let into our home. We had dinner together. My son, David and Peter hit it right off. They went and played video games while his then mother and then uncle and I chatted over drinks both before and after dinner. Peter was and continues to be a very polite child in direct opposition to what Tanya said about him at that time.
Prosecutor: Oh, and she said what?
Mr. Sneed: Objection. Hearsay.
Judge: Overruled. The question, and in particular the answer, is direct testimony Mr. Sneed.
Me: Miss Jamison said a number of times during our social time together, with Harlan Jamison present at all times, that Peter was a troubled child, that he was not liked, that he often got into trouble. In an effort to continue the conversation and to put breadth to it, I asked her to provide examples… she refused.
Tanya: You are a fuckin liar. I never said any such thing, you fucking pervert.
Judge: ORDER IN THE COURT. ORDER IN THE COURT. Mr. Sneed you will control your client.
Mr. Sneed: Your Honor, I request a recess of 15 minutes.
Judge: Granted. And you, young lady, had better control yourself. If you do not, then I will send you to jail and you will miss YOUR trial. Do you understand me?
Tanya nodded but said nothing.
Judge: Let the recorder note that the defendant nodded her head affirmatively. This court is in recess for 15 minutes. <Bang of the gavel.>
The trial resumed precisely 15 minutes later.
Prosecutor: How did you become aware that Peter was in troubled times?
Me: Sir, I knew something was wrong the moment I met him. He did not let on though. My first impression was driven home … as I previously stated before the recess (I was looking intensely at Tanya as I spoke.)
A few days later, my son David, called me at work and requested that I come home immediately because Peter had been seriously injured.
I dropped what I was doing at work, soon arrived home where I observed severe bruising of Peter's face and upper torso from the neck up. The child was crying and severely upset at our seeing his injuries. He stated that he had fallen up and down the stairs at his home. My observations were that his injuries could have in no way resulted from a fall. Peter then honestly, after reassurances that he was in no way in trouble with us revealed he had actually sustained those injuries as a result of both defendants beating and berating him.
Based on what I observed, my first thought was to ensure Peters' safety. Shortly after I arrived home, the defendants arrived and began pummeling on our front door with their fists. I have submitted video tape of that interaction to the court. Now would be a good time for everyone to see precisely what happened from that moment forward. I, as president of my company, certify its authenticity.
Judge: Yes, you and your company are certified experts and are recognized by this court and all courts at federal, state and city levels. Bailiff, please dim the courtroom. Mr. Blake please continue.
(The presentation did indeed show Tanya and Harlan's beating on our front door, her graphic disparaging remarks about Peter's alleged sexual orientation. A second video, clearly with Peter's verbal permission, showed the nature of his injuries including his grossly swollen and bruised genitalia. I had told Peter, beforehand, that I would be showing them. He'd had no qualms. However, he cringed, somewhat, with the replay. I felt for him. I certainly wouldn't want my 'stuff' shown to a packed courtroom, but he understood why it was necessary. He also understood that Dr. Miller or Dr. Borkwin would be providing expert medical testimony).
Prosecutor: So what did you do next?
Me: I called CPS and spoke to Ella and to law enforcement in our jurisdiction.
Prosecutor: What next?
Me: We took Peter to University Hospital's Emergency Room where we were met by Dr. Miller, the Chief of Surgery. He examined Peter and soon thereafter took Peter to the operating room for emergency surgery. I defer medical testimony to those duly qualified.
I will add here that when Peter was in surgery, and during his acute hospital stay, we were interviewed by Miss Right, and had a formal home study, on an emergent basis, performed. We were advised that Peter would be placed with us, permanently if that was what we and Peter desired. It was.
Prosecutor: Were you aware that Peter was gay, or proclaimed to be gay?
Me: No sir. His sexual orientation did not and does not mean that he is a worthless, doomed to hell child as his biological testifies to. I would have changed nothing had I known.
Prosecutor: Thank you. That's all. Right to recall.
Mr. Sneed got up from his chair, sauntered over as if he had not a care in the world.
Mr. Sneed: Have you actually heard the defendant, Miss Jamison, use any vulgarity of speech when referencing her own flesh and blood child?
Mr. Smith, the prosecutor, sat straight up in his chair then smiled broadly. I was quite surprised at the question Mr. Sneed posed. (Did he not watch the tape?)
Me: I have. The video, approved by this court clearly shows her actions and words, and his injuries. Not only that, but if you have been paying attention to these proceedings…
(The asshole interrupted me before I could continue). Mr. Sneed: Have you had any subsequent conversations with the defendant, Miss Jamison?
Me: No, I have not.
Mr. Sneed: It is well established that Peter is your son by virtue of adoption. We have no difficulty with this fact. Would you please tell the court the names, if any, of any natural child you might have.
Me: Yes. His name is David Blake. His date of birth is January 7th.
Mr. Sneed: Okay fine. Is it true, and remember Mr. Blake, you are under oath to tell the truth and nothing but the truth so help you God… isn't it it true that not only do your sons Peter David have a brotherly relationship but they also have an incestuous, a SEXUAL relationship? !!
Prosecutor: OBJECTION! Foundation and relevance. The relationship between the child and his family is in no way, shape or form relevant to this trial. I move to have the question stricken from the record.
Mr. Sneed: Your Honor, believe me when I say that the answer will clearly provide foundation for Peter's behavior and proclivities. His mother has every right to object, strongly so, when her son's behavior is clearly against the morals she has clearly taught, or ATTEMPTED to teach him, AND as a matter of law in this land.
Judge: Mr. Prosecutor, your objection is overruled.
Prosecutor: Objection. Peter is not the one on trial here. He is clearly a victim.
Judge: Objection overruled. Mr. Sneed, be very careful here. You had better be very sure of your facts.
Me: No. My sons (I emphasized the 's' in sons, in pleural) do not have sexual affairs.
Mr. Sneed: Very well. Would it be more appropriate to restate the question then? Say, is Peter having a sexual affair with ONE or MORE of his brothers?
(The smile left Bill Smith's face. He nodded one time then went to making notes in his file.)
(I looked to Ella. She nodded assuredly. I looked to Peggy. Her eyebrows were up. David looked mortified. Peter was leaning over in his chair but his eyes were riveted in mine. The answer to this question, if I were to lie could very well make or break our relationship. I had taught them to always tell the truth no matter how hard it might be. Peter nodded.).
Me: My sons are in a loving committed relationship, and they are intimate sexually.
Mr. Sneed: So your sons are now in an incestuous affair? This is a very simple question, Mr. Blake. It requires only a yes or no answer.
Prosecutor: Objection. Relevance. Mr. Blake and his sons are not on trial here. Mr. Blake's testimony has stated, under oath, the true nature of their relationship. It is not reasonable to assume they would end their relationship the second the adoption became final.
Mr. Sneed: Your Honor. This line of questioning IS relevant. This answer to this question clearly sets forth foundation for Miss Jamison's concerns and angers as a parent, and that his proclivities are detrimental to good and wholesome family values.
Judge: Mr. Prosecutor, your objection is overruled, for now. The witness will answer the question. Mr. Sneed do be careful… you are treading on very thin ice.
(Mr. Sneed grinned).
Mr. Sneed (to me): Do you need for me to repeat the question to you sir?
Me: No, I understand your question.
Mr. Sneed: And so, your answer to my question is exactly…
Mr. Sneed: Yes.
Mr. Sneed: Your Honor, not only does the law of the land and statutes and modern day case law consider incest between first degree family members illegal but it is also considered to be immoral at the highest levels. Accordingly, this court should immediately arrest and remove Mr. Blake from society for aiding and abetting illegal and immoral activities between Peter Scott Blake and David Blake, the natural, by adoption, children of same. Moreover, I submit to the court motions to dismiss all charges against my clients, the defendants in this matter.
(With that said Mr. Sneed handed to the bailiff a two page document that I correctly assumed to be a pre-drawn up motion to dismiss the case).
(Ella's face showed clearly that she was upset that the line of questioning was permitted. I knew Ella well enough that she gave not one flying flip about her job because she did it well. She had always been on our side yet kept everything within the letter of the law, her departmental guidelines and practices, as well as within moral law).
(Peggy's face was neutral. She, however, leaned to David and kissed his cheek and then did the same to Peter).
(Mom's face was -pissed-. Her eyes were blazing red hot. Her true nature, her undying devotion to her family, HER family values were being threatened. I was surprised that she didn't get up and beat the defense attorney over his head with her lethal weapon – a woman's purse).
(I looked to David. Although tears were freely flowing from his eyes he seemed okay, in that the truth was out and dishonesty cannot be hidden behind. He nodded to me. He was holding Peter's hand in clear view. Their love would be unmistakeable to anyone even remotely paying attention. Is that wrong? What do you do? Break them up? Do you let a scumbag perverted motherfucker get by with rape and attempted murder? I wouldn't have it).
(Andy… well, Andy and mom, despite their rough start were -on the same page-. Mom had Andy's arm in hers, and was holding it protectively… or was she holding it to keep Andy from jumping up and committing mayhem to Mr. Sneed, and perhaps the judge?)
Mr. Smith: Objection, Your Honor. First, the motion to dismiss all charges against the defendants is unwarranted, uncalled for and certainly not in the best interests of society. In no way, certainly in a legal sense, can deadly force be used to align a child to his or her parent or parents objections to the lifestyle a child chooses to live. So therefore, the motion to dismiss charges is vehemently opposed.
Secondly, this court and certainly defense counsel, has and have no jurisdiction in the matter of said minor childrens' relationship. The only time, according to case law, federal court would involve itself would be if a matter of hate crime came to light. By virtue of the relationship, this test cannot and will not be proven. Therefore, the prosecution nor defense counsel nor the court can act on Mr. Sneed's frothy emotional appeal to the contrary. For these reasons, the prosecution petitions the court to strike previous testimony, along these lines, from the record. Should all parties not be in agreement then the prosecution is tempted to file a writ and a motion for recusal.
Third, this trial is not about inter-relationships between brothers. Rather, it is all about a parent-child relationship that was fraught with violence, coercion, rape, and words and actions that denigrate at least two of the boys' rights to live life in the pursuit of happiness, constitutional rights and privileges of living in our great land.
Fourth, the prosecution requests a recess until such time as the court has had the opportunity to review case law, the facts of this case, the specific charges for which the defendants are on trial this day.
Thank you sir.
Judge: Mr. Smith, Mr. Sneed:
First, and I will go in the order of Mr. Smith's objections is the matter of dismissal of this case. This objection sub-title is sustained.
Secondly, this court has no jurisdiction over such matters.
I do have one question for Mr. Blake, if both defense counsel and the prosecution will not object. It is relevant. The answer will make my determination as to how I handle this section of the objection.
(Both Mr. Sneed and Mr. Smith nodded to the judge. I prepared myself for the worst).
Judge: Mr. Smith, do you object to my asking one pertinent question that you and Mr. Sneed have failed to ask?
Mr. Smith: No sir.
Judge: Mr. Sneed?
Mr. Sneed: No sir.
Judge: Mr. Blake, please tell me when the loving and committed relationship which according to your testimony includes a sexual relationship, began. Specifically, did said relationship begin before or after Peter Scott Blake was adopted by you as your legally adopted son.
Judge: Very well. Thank you. You may step down.
Judge: Okay, objection #2: Sustained. This court has no jurisdiction, and it has no intention of sending this back to the State or City with recommendations to prosecute. Mr. Sneed, if you wish to proceed then you will have to do it on your own. This court will not participate in such a 3 ring circus.
Judge: Objection #3. Sustained.
Judge: Request to recess is approved. This court will be in recess until 9:00am tomorrow. Good day.
<Gavel banged hard. The judge looked upon Mr. Sneed with total contempt but he didn't say anything, instead he went into chambers>.
To be continued
Revised & Reposted 2/12/2012