A Courtroom Massacre

by Mark Porto

  Padgett objects maintaining the witness is not on trial, before Ms. Valentine could explain, the judge sustains the objection, rendering her without any more questions.

  After “Wild Willy” steps down, Tommy Richards takes the stand. After the formalities and softball questions by Cecil Padgett, however, when Richards was cross examined by Georgia Valentine. She was polite, but distinctive. “Mr. Richards, you’ve told the court about Mr. Bellow and his alleged inclination towards violence, would you tell the court if you were a model prisoner at Sheffield?” Padgett whines an objection. Ms. Valentine quickly removes her glasses,

  “Your honor, my client’s reputation is being assaulted and subjected to character assassination by former prisoners whose behavior I believe is clearly less than standard.” Her voice unwittingly raises a few more octaves. “This must be taken into consideration when it goes to the jury!” The judge instructs the witness to answer.

  Richards admits to being in trouble once in a while, while was incarcerated.

  Her eyebrows rise, “You are very casual about your activities in prison.” She looks briefly into a file while pulling out a sheet. “Let’s see, Mr. Richards, you’ve been in solitary confinement for assaulting inmates and staff members.” She takes out another sheet. “This is interesting; you also assaulted a cook, because he made your hamburger well done, instead of medium rare? Have you always acted this way?”

  Padgett whines once more asserting the witness is not on trial. He demonstrates that defense counsel was trying to defame his reputation. The judge takes a deep breath stating explicitly, “Padgett quit your crabbing! Ms. Valentine, does this go anywhere?”

  As she is about to explain, the judge says she must get to the point now.

  Richards smiled; as he was being earnest drops his head away from her. “Well, ma’am, one day, we were all sitting in the cafeteria, minding our own business, when out of the blue, Mr. Bellow started swearing and kicking everybody. He then threw objects at them.”

  “What precipitated the incident?”

  Richards told them he and another inmate accidentally stuck a fork into Mr. Bellow and he went crazy. “We even apologized to him,” He has a different time hiding a snicker, “But, he just attacked us.”

  “Oh, I’m sure it was a sin with a guy like you.”

  Padgett rises to object, but she withdrew the comment, before action can be taken. The judge instructs the jury to disregard defense counsel’s last remark.

  Georgia walks up to the witness box, “I have one last question: Wasn’t your friend the one who attacked Mr. Bellow; the one who provoked the fracas?”

  Richards becomes nervous saying it is, but when he attempts to go further, Georgia discontinues the questioning as two more witnesses were to be called.

  While the two witnesses, Lucero and Grayson did not provide any other information to either side with any benefit, Padgett stands up to call Father Bryan. Suddenly, there was mumbling in the courtroom as Judge Bzuda pounds the gavel calling the room to order. Father Bryan walks through the door; his collar commands silence while heading to the stand.

  After he walks by the defense table, Johnny leans to her. “What is going on here?” She shrugs her shoulders sitting back. Johnny’s eyes are riveted on his pastor.

  Padgett walks to the podium asking the priest where he was pastor.

  “I’m the pastor of St. Andrew’s church in Black Meadows for the last fifteen years.”

  “Did he and his family attend church on a regular basis?”

  Father Bryan states as his voice was carried throughout the courtroom, he recognizes the acoustics of the room were more powerful than he realizes prompting him to lower his voice. “Yes, he and his family were regular parishioners.

  “Did Mr. Bellow participate in church activities?”

  “Yes, he was an altar boy and had volunteered on several functions.”

  “Have you had any trouble with Mr. Bellow?”

  Father says Mr. Bellow didn’t attend parochial school until he was in the seventh grade, Mr. Bellow stayed for only five months, before returning to public school. He waves back his white hair when a few bangs fall near his eyes.

  Cecil’s head pries rightward, asking why he started in the seventh grade. The pastor remains straight as his face freezes. He explains Mr. Bellow was kicked out of the public school system for allegedly striking a teacher. “I let it be known I was opposed to admitting him, but his father knew Monsignor LaPalma, since he and I were good friends, I wasn’t about to jeopardize my friendship with him over this matter.”

  Cecil thanks the priest to turn the questioning over to Ms. Valentine as he takes his seat. She leans back in her chair saying she didn’t have any questions.

  Johnny whispers some information in her ear prompting her to nod.

  Padgett announces the next witness was Henry Symington. Mr. Symington slowly gets up from his chair waddling to the stand. His five feet two stature, fat frame with large, wide buttocks was the courtroom’s main attraction for the moment. When he sits down, his gut juts out as far as the boundaries of the stand. His miscreant smile mirrors a rotten pumpkin.

  Padgett is smiling, placing his hand on the rim of the lectern questions Symington where he was previously employed.

  Symington’s blonde hair covers his forehead as his face juts out. “I currently work for a

  Public Relations firm in Old City after I retired from the Black Meadows school district.”

  “What was your position with the school district?” Padgett inquires, and then Symington says he served the district for the last thirty years, the first twenty as a teacher, vice-principal, principal; the last ten years were as the deputy superintendent for curriculum and business.

  “What did you do in those positions?” Padgett asks Symington, he says he was basically a spokesman for the superintendent. His other task was to be in charge of all the educational records.

  “How do you know Johnny Bellow and his family?”

  “I didn’t know them personally, but I knew of him.”

  Padgett wants him to tell everyone what he knew of Mr. Bellow and his family. Symington would only say he had problems.

  “What kind of problems?” Padgett’s elbow rests on the podium. He explains Johnny would get into fights with other students and teachers; he even punched one. He continued until it got to the point where the teachers and his parents had to have a conference every other week.

  Ms. Valentine briskly stands up to object, “Your honor, the incident in question was handled in Family Court! And I might add Mr. Bellow was acquitted of assault. I must also remind counsel is this information cannot be admissible!” The judge sustains the objection ordering the remark to be stricken from the record.

  “Thank you, your witness.”

  Georgia walks with several papers to the podium. “You say, Mr. Symington, my client got into fights with students and a teacher, my question to you is ‘Why?’” She stands erect while awaiting a response. At first, he laughed at the question. “What’s so amusing?”

  Symington’s bovine face burst forth with a miscreant smile. “Well, I knew the middle school principal, Mr. Staley; he told me Johnny was a problem.”

  Ms. Valentine objects claiming hearsay, the judge instructs the reporter to strike the last comment from the record. “After you suggested Johnny should’ve been thrown out of school. You even went as far as to advocate the Bellows were unfit parents! You advocated that they be put on a PINS petition, but didn’t come to fruition, because you didn’t have a case!” Her voice rises, “I have two questions for you: Why were there threats to put Johnny in a reformatory? Why are you here today?”

  Symington sits there with his eyebrows descending, looking at counsel. He moistens his lips, scratching his knee; he speaks before the judge would compel him to answer. “Well, since he was having trouble, I felt his parents couldn’t control him, so I thought he should be removed.” He diverts his head away from counsel.

/>   Ms. Valentine states rigorously, “Mr. Symington, there were two incidents: One involved a substitute teacher grabbing him by the neck and another where the teacher grabbed him by the throat; both, sir, were without provocation according to testimony, so how do you care to explain these actions?” Symington was for a loss of words only saying the teachers may have been out of line. “No, but there were complaints filed against them,” To which he didn’t comment.

  “When his parents tried to talk to the teachers and the administrators, they were given the brush off, why?” Symington couldn’t answer counsel. Georgia continues. “The Bellow family tried to obtain his educational record, isn’t it true you and then school psychologist, as well as other administrators including the superintendent, conspired to inhibit the family from obtaining these records?”

  When Padgett objects, the judge overrules it, but warns her to get to the point.

  “Yes, sir,” Georgia turns to Symington. “Did you hinder the family from obtaining the records?

  Symington sweats, but pauses to collect his thoughts until the judge orders him to answer the question or face contempt. “We refused them, not to subvert the law, but we didn’t feel it was necessary to see them.”

  “Are you aware the law allows the parent or the guardian to obtain their child’s records?” While Symington admitted he was aware, but said the superintendent was the boss and he didn’t want to challenge him on it.

  “Isn’t it true the real reason you’re here is to see my client loses his case?”

  As Padgett was about to object, she withdraws. “The Plaintiff rests your honor.”

  Ms. Valentine opens her case with a school teacher, Gladys Polecki; she was Johnny’s teacher in the eighth grade. Georgia asks her about Mr. Bellow’s academics. Mrs. Polecki commented he always did his homework. “He was one of the few students I never had to chase for their homework.”

  “How was the atmosphere of the school environment?”

  Mrs. Polecki said the middle school was a “zoo”. “There wasn’t any discipline.”

  “What about the letters that were written against him by the other teachers?”

  The teacher said they were ordered to write those letters by the school superintendent. “My husband urged me to consult an attorney and I was advised not to obey the order for fear of litigation.”

  “Did Johnny ever start any fights?”

  “No, he was always well mannered.”

  “Why did the superintendent want you to write those letters?”

  The teacher said at the time when Mrs. Bellow was pursuing his records, he wanted me and four other teachers to defame him. Georgia yielded to Padgett, but he didn’t have any questions.

  She calls Johnny Bellow to the witness stand; his gait was smooth and without hubris. He sits up straight appearing attentive to the questions about to be directed at him. He explains the events on the day of the shooting.

  After Johnny was questioned by his attorney, Mr. Padgett cross examines him, “Um, um, Mr. Bellow, why didn’t you call the police?” Johnny calmly states he did.

  Padgett pulls out a paper, “According to Sergeant Martinelli, he figures the confrontation between you and Mr. Lipshutz was about five minutes!”

  “He’s mistaken; I called before shots were fired.”

  “Oh, come now, Mr. Bellow! Do you honestly expect these jurors to believe what you’re saying?” His right hand is waving in the jurors’ direction.

  Johnny was starting to feel the heat; he politely explains he knew his family and the patrons who were in the store at the time were in grave danger. He states about reading of the activities of the gang having an idea what they were going to do. “I had every right to take these actions.”

  Padgett shook his hands in the air, “That’s not what I asked you, I asked you if you expect these jurors to believe your story. When Johnny said he did, Padgett’s hair was ragged, the suit and shirt were wrinkled. “Oh, you do, Mr. Bellow, do you believe these jurors are stupid?” His arms extend out.

  “Absolutely not, sir, unfortunately, it’s you who think they’re stupid, because you think I shouldn’t have taken any action.” Georgia notices his facial expressions and color changing drastically. She looks at opposing counsel while she taps her ballpoint pen on a legal pad.

  Padgett slumps, “Do you really think these people are stupid?”

  Ms. Valentine politely rises without warning. “Your honor, I object, Mr. Padgett is badgering my client and the question has been asked and answered!” The judge sustains the objection, warning Padgett that if he engages in anymore outbursts he’ll be fined $100 for contempt of court.

  “Withdrawn your honor,” Padgett returns to his seat looking at Johnny; cupping his hands under the chin. “Mr. Bellow, do you believe if we are to have order, we must have the police?”

  Johnny returns to a calm state saying he does.

  Padgett asked if he felt the police did their jobs. When Johnny said they did, Padgett clenches his fist and speaks in a grievous tone. “Are you aware you’ve taken the lives of five young men whose lives were ahead of them?”

  “Mr. Padgett, I know where this is going, I killed those men, because they were armed in order to protect my family.” Johnny’s eyes were crimson.

  “Just answer the question!” When Johnny said he did, Padgett asks another question, “Do you realize how much anguish you’ve caused by not calling the police?”

  Johnny, while trying to keep calm by taking a deep breath, repeated he had called the police. “First of all, there isn’t a day that goes by where I don’t think about it. I conclude this gang was hell bent on causing mayhem that day and I was the one who stopped it.”

  Padgett took out another sheet from a file, “Isn’t it true after your family obtained the educational records; your mother, on the advice of her doctor, entered a sanitarium?”

  Johnny’s composure is being tested to the limit, explains while she was in the emergency room being treated for nerves, a staff member tried to calm her down, but his mother continued being hysterical. “When the nurse attempted to use the hypodermic needle which contained a sedative, injected it, my mother didn’t calm down quickly, the nurse slapped her. I, of course, stepped in saying ‘what the hell did you do that for?’ The nurse, for some reason, pushed me and I hit her. Later it was revealed she had been disciplined for these actions in the past.” He looks beyond Padgett, “She was eventually fired.”

  With his hands in the air, Padgett remarks, “Young man, is this the way you handle life’s situations? “

  Johnny looks at him, taking a deep breath. “I’ve learned in this life, the hard way; you can’t explain the situation. I was not going to allow my mother to be abused.”

  Padgett’s mouth flew open. “You have to work through proper channels. I’ll tell you this, if you had called the police...”

  Ms. Valentine stands up to object, “Mr. Padgett is harassing my client! This issue has been addressed!” The judge sustains the objection warning him about contempt if he asks that question again.

  Padgett asks him, “You seem based on your life to take matters into your own hands, suppose you missed and accidentally killed someone, it would have been a bigger tragedy.”

  Johnny says, “First of all, my family and patrons were on the floor, secondly, he didn’t look into Cain Lipshutz’s eyes or of the other gang members who were there. They weren’t willing to negotiate.” Johnny suddenly feels a hardening in his stomach. “I was there, you obviously were not.”

  Padgett states he didn’t have any more questions.

  Judge Bzuda says since it was a quarter to five; they will adjourn for the day.

  Out of the corridor, Ms. Valentine asks Johnny how he feels; he says he feels like his insides were knocked out of him, not knowing whether he could eat dinner tonight.

  Johnny says, “Doreen and I looked up Mr. Elwood’s file and everything seemed to check out.

  “I don’t doubt what was in the f
ile was authentic, but I wonder who was responsible for establishing a bank account to fund this lawsuit.”

  Johnny says in passing he suspects Senator Croydon is the ultimate mastermind of the scheme. “Schuyler and Symington are just cogs in the machine; I’m going to try to find out.”

  The next morning, Ms. Valentine announces the defense had rested.

  Summations begin with Mr. Padgett, “Mr. Bellow feels it’s alright to take matters into his own hands. Well, everyone, Mr. Bellow was convicted, beyond a reasonable doubt of killing those young men. I believe we should be sending a message by this jury rendering Mr. Bellow liable for his actions. Maybe by paying a large sum of money for the rest of his life, he’ll think twice before this stunt every again.” He yields to the defense.

  Ms. Valentine stands before the jury; her posture is firm, but with a gentle repose. “I see Mr. Padgett wants to send a message, well; a court of law is not where we send messages to people. It’s the place where truth and justice are sought, I know this sounds a tad naïve. However, I believe if such a judgment is held against Mr. Bellow, it would not only destroy this young man’s life, it is going to impede him from getting a job. Mr. Bellow didn’t cause this family to suffer, this family has been suffering for a long time, and they just didn’t want to recognize it until this trial. It was failure to recognize Roy Dennison’s trouble and his being in a gang who terrorizes townspeople certainly didn’t help...”

  Padgett yells the decedent couldn’t defend himself. Ms. Valentine asks the judge to hold him in contempt, claiming he’s interrupting her when she had the courtesy to let her finish. The judge held the plaintiff’s attorney in contempt by charging him $100, sustaining the objection.

  “Roy was even taken to the school psychologist eventually agreeing Roy was going through a ‘phase’, his mother didn’t think so at this point. However, she overlooked many things, he felt ignored and Cain Lipshutz gave him that attention, but he committed these acts of his own free will. Most importantly, there another victim: my client. He has had to endure incarceration and subjected to incredible abuse. My client isn’t liable for this family’s anguish nor should you return a verdict of ‘Not liable’.” She has a tear in her eye walking back to her seat.