by Foy W Minson
“What about a jury? Do you think we should use one, or do you want to make the finding yourself?”
The Judge rubbed his chin for a moment while he looked off towards the slow movement of the river. Finally, he said, “I think we should stick with the jury system until it proves unworthy. It would also serve to take a bit of heat off the situation. By putting twelve people of the village in the position of making the final decision, we’ll probably be less likely to see a lynch mob. Some of them didn’t look to be much in favor of waiting until today. I’m afraid if I just run the whole show, and they don’t agree with the outcome, things could get sticky. These people are all my friends, and yours. We don’t want sticky.”
“Judge, I love the way you have of understating a situation. But, yeah, you’re right. We need a jury. Do you think asking for volunteers would be the best way to go?”
“Might as well. We don’t have a voter list to draw from. Still, we’re going to have to question each potential juror as though a life depends on it. The last thing we want is to get a bunch of vigilantes in the jury box. Even one could be a problem.
“Twelve?”
“It’s worked pretty well so far. That is if we can get twelve that seem suitable.”
“Okay, let’s do it.”
The entire village turned out for the trial, so they had to hold it in the Great Hall. It had been built two years prior with salvaged materials when it was decided that they needed to have a place for community feasts on special occasions and indoor meetings in bad weather. At first it was no more than four walls and a roof over a space big enough to hold everyone. In the two years since, rooms had been added to the outer walls for smaller, more private meetings, or more than one small meeting at a time, or for meal preparations when called for. One of the rooms had become Jason’s office. As the elected head of the community, everyone agreed, he needed someplace, other than his private residence, where he could conduct official village business, not that it happened often. Suggestions had been made to call it City Hall, Town Hall and the Capitol, but most seemed to like the sound of Great Hall.
Today, Jason’s office became the judge’s chambers if it was needed. One of the side meeting rooms would be the jury deliberation room. Another side meeting room was the holding cell. The judge’s bench was a picnic table with attached benches they carried in from the riverbank. There were only enough chairs for about half of everyone else to sit without bringing more from various homes, but there was enough standing room around the sides and across to back to accommodate everyone in the village.
Charlie and Dagar both tried to turn down their assignments as prosecutors, but with Jason and The Judge both leaning on them, they consented to give it a try. Olen Johnson was happy to get back to his chosen profession.
Jason remained in the hall to watch the villagers come in, watching for signs of trouble, weapons held at the ready, or maybe a rope tied into a noose. But he saw none of that. Although the faces that filed through the door were stern and serious, he hoped they were the faces of men and women seeking justice, not vengeance.
When all were seated and quieted, The Judge motioned for the bailiff, Billy Ray to call the room to order. Billy Ray was an old acquaintance of The Judge; although, their earlier meetings tended to be adversarial with The Judge behind his bench and Billy Ray seated at the defendant’s table. Over the six years begun when the world changed, they had become friends. At two hundred and sixty pounds solidly packed onto a frame a couple of inches over six feet tall, he had been described, among other, less flattering things, as a football-shaped rock. The only one in the village bigger than him was Joe Louis McDaniel, but Joe wouldn’t be acceptable as bailiff because of his close relationship to Tina. Billy Ray was an easy choice.
Lacking a traditional judge’s mallet, The Judge knocked three times on the table-top with, at first his knuckles, then with the flat base of an empty coffee mug until the buzz in the room quieted. After a glare about the room, he instructed the prosecution to begin selecting the jurors. To Jason’s surprise, the selection was finished before noon, twelve people, six men and six women, that both he and The Judge could feel good about.
Sherri eased back among the people standing three deep against the back wall. She listened to murmurs of rage and fear, but she was surprised to hear hope, too, that the whole thing would be fair. If it had been in Napa, there would be no trial, at least not involving anyone but the Prophet while his soldiers maintained order. And any trial there would be nothing more than a pronouncement of the punishment the Prophet had already decided upon.
As the afternoon session began, Charlie stood up to speak.
“When Tina went out to the pond for a swim, she thought it was going to be private. She had no reason to think otherwise. She had a right to think that her privacy would be respected. And when two men came upon her, two strangers, she assumed they, too, like anyone with any decency, would respect her privacy and allow her to remain alone, or, if they wanted to take a swim to wash off the dust of travel, allow her to leave the water, dress, and leave. But that ain’t what happened. They came upon this young girl who is about to become a woman and, completely ignoring her pleas to let her go, to not hurt her, to not violate her, they…had their way with her. Brutally. When she returned to the village, naked and running for her life straight into the arms of Uncle Joe, she was bleeding and bruised. Lila healed her body, but what about her spirit? Will this girl be condemned to live her life, now, afraid of any man coming near? She said the men who did it were strangers, one white and one black. And, well, what do you know — two men, one white and one black, both strangers, come marching into the village that very afternoon. With the terrible events still clear in her mind, she looked at them and said they were the ones, that they, the two defendants, were the ones who had attacked her and raped her. Seems to me it’s pretty clear. Thank you.”
Charlie glanced over at Dagar who nodded but said nothing.
The Judge said, “Does the defense wish to make any opening statement at this time?”
Olen Johnson stood and said, “No you honor. The defense will wait to see if the prosecution has a case. I may very well move for a dismissal.”
Turning back to Charlie and Dagar, The Judge said, “You may call your first witness.”
When Tina was seated on the bench on the front side of the judge’s table, Charlie asked, “Tina, are the men who attacked you in this room?”
Before Tina could respond, Olen was on his feet. “Your Honor, I protest! The defense has not established anything at all, even that a crime has been committed. In all the —”
“Yes, yes, counselor, I know. But I must ask you to remember that these proceedings are going forward without the benefit of professional players. Besides you and me, no one here has the training or experience to follow all the steps we’re accustomed to. But we are still going to proceed, even if it means taking a few shortcuts and foregoing some of the elaborate shenanigans we have come to accept. But…” he held up his hand when it appeared that Olen was about to turn even darker purple, “…one other thing, counselor. Because of these shortcomings, and due to the age of the victim and the sensitivity of the situation, I am going to allow leading of the witness. You will not screw things up for us with incessant interruptions for protests. Now, I will instruct the prosecution to first establish that a crime has been committed before jumping to pointing any fingers. Okay?”
The purple slowly drained from Olen’s face as he turned about to see if the villagers were, indeed, going to allow The Judge to make such a mockery of justice. Receiving no support, he sat back down.
“Charlie?” The Judge said. “Why don’t you start back at the beginning and do like Mr. Johnson said?”
However, when Charlie appeared to become flustered in his confusion of what needed to be done, Dagar stood up and laid his hand on Charlie’s shoulder. “It’s okay. Let me see if I can lay it out for them. Tina,” Dagar said louder, “were you alone when
you went out to the pond for a swim yesterday?”
“Yes.”
“While you were there, alone, did anyone else arrive at the pond?”
“Yes.”
“And did these persons who arrived at the pond grab you from the water and assault you? Did they rape you?”
“Yes.”
“Do you see the persons who raped you in this room?”
“Yes. It was them,” she said, pointing toward the two strangers seated at a table beside Olen.
“Thank you,” Dagar said. “That’s all.”
The Judge smiled and said. “Very well, and very concise, Mister Prosecutor. Mister Johnson, you may cross-examine.”
Olen stood and strode into the center of the open space before the judge’s bench, glaring at the witness chair where Tina remained. “Tell me and the jury, Tina, how many times have you had sex this week?”
Tina stared at him with her mouth slowly gaping. The only sound in the room was a massive intake of air as everyone, The Judge included, gasped.
Before anyone, including The Judge, could gather their wits enough to protest, Olen jumped in with another question, “And didn’t you actually invite the attention of these two men? Didn’t you actively participate in the act of sex as a willing participant? Didn’t you —?”
“Judge, can he say that?” Charlie shouted as he stood and turned to look about at the folks crowded into the room, both of his arms extended as though grasping for fairness.
“Your honor, I protest!” Dagar said, also standing.
Murmurs of shock and outrage among the villagers quickly grew to shuffling of feet and a general movement forward. Olen glanced over his shoulder at the sounds of movement, then spun and backed quickly up against The Judge’s table.
The Judge brought his makeshift gavel to bear, accented by his thunderous roar, “There will be order in this court, or it will be cleared!”
At the same time, Billy Ray strode forward to stand before the table, and even stepping between Olen and the angry citizens of his village.
Both actions quieted down the rising voices of protest.
Billy Ray motioned for Olen to go back to his table before stepping around to stand beside The Judge’s table, out of the way but still ready for any further signs of trouble.
“Mister Johnson,” The Judge began. “I told you we would not play any of the games of old. Did you not understand what I meant? Is it necessary for me to spell out specifically what you may and may not do? Do you understand what it is we are gathered here to accomplish?”
Olen stood up. He glanced about at the once again orderly gallery. Facing The Judge, he muttered, “Yes, your honor. I’m sorry. I just sought to present in my best judgment the most —”
“Yes, yes, Mister Johnson, just be sure your best judgment is in the interest of justice, not another court victory on your record. This is a simple trial, a quest for truth, and I will not allow you to turn it into a circus. You may proceed but be mindful of the circumstances.”
Sherri smiled at herself at the rebuff the pushy man had received. She hated the thought that Dan might have assaulted Tina, but she hated, too, the insinuations Olen had made about the girl. Sherri easily empathized with her. She, too, had been accused of similar behavior. Although, with her it had been consorting with demons, not a rather good looking young man that…again, a blush, as she put an abrupt halt to her imaginings, and that she hoped no one had noticed, as if they would know what private thoughts had caused it.
“Very well, your honor, thank you. Tina, had you ever seen the men who you claim attacked you before yesterday?”
“No.”
“So, they were complete strangers. Yet you are so certain these two men are the same ones. Is it possible you are mistaken?”
“No.”
“But the forest around the pond is dense, dark, shadowy. Is it really that easy to recognize a face seen in such dim lighting that you can unequivocally state that those faces that you had never seen before are the same as those before you now?”
“It wasn’t dark at the pond. The sun was shining.”
“But, aren’t you just claiming these men are the same ones simply because one is black, and one is white? What if I were to produce two other men, one black and one white? Are you so certain that you could tell the difference? Why…look over there. Two men, one black and one white, could it have been them?”
Tina, The Judge, the prosecutors, and everyone in the room looked over at the two men Olen pointed at. They were standing among the rest of the spectators where Tina could see them clearly and where she could catch the cold expressions on their faces as they handled the hilts of the knives sheathed at their waists. At Olen’s question, Jerry and Jackie both shook their heads at him.
Sherri had followed everyone in turning their heads to where Olen had pointed. When her eyes lit upon them, it was like a hard fist slamming into her gut.
At the stifled cry from the back of the room, Jason, standing at the side of the room, turned his eyes toward Sherri, who had covered her mouth with her hands, but her eyes were wide in shock and disbelief. Raven, who stood next to her, leaned toward her when Sherri whispered something. Then it was Raven who looked across the room with her eyes wide. She quickly located Jason and went to him with Sherri.
Emmie moved over close enough to hear Raven’s words. “Sherri just recognized Jerry and Jackie as the two men who raped her a year ago. Jerry must be her baby’s father. And if they are that way inclined, it’s possible they actually are the two that raped Tina.”
“Jason, is something happening back there that I should know about?”
Everyone looked at The Judge who was now standing.
“Yes, sir, there is,” Jason answered. “I think you might want to call a recess until we can get this straightened out.”
“Your honor! I protest!” Olen shouted. “Whatever is happening over there can surely wait until these proceedings are done. It’s obviously a mere stalling tactic, and a very transparent one, at that. I demand that I be allowed to pursue my line of questioning of this —”
The Judge turned to Olen and leaned across his table. “I beg your pardon, counselor? You will not demand anything in my courtroom. And you will be permitted to proceed with your cross-examination when, and if, I deem it to be appropriate. I am convinced that events may have occurred that justify a recess. And since I am the judge here, we will have a recess.” He rapped on the desk with his mug and addressed the entire room. “Court is recessed until I call it back in session. Jason, you may approach the bench with the people around you. …Yes, Olen, you, too.”
Dagar and Charlie joined them, and they heard Raven’s repeated explanation to The Judge. Dagar turned to Sherri. “Are you sure? It’s been a long time. What is it — ten months?”
She looked across the room again at the pair and turned away again when she saw them glaring back at her. “I’m positive. It was them. I’ll never forget them and the way they laughed when I cried.”
“But, Dad,” Emmie spoke up. “Tina was so sure it was two strangers, and then she identified these two. Do you think Jerry and Jackie could have scared her that much? Even now, surrounded by everyone, she can’t still be afraid they might do something. Could She?”
“Oh, yes,” Jason responded. “She could very easily. The fear that attackers can instill in their victims is anything but reasonable. If they—”
CHAPTER 12
“Billy Ray, stop those two!” The Judge called out as Jerry and Jackie started edging toward the door. “They are not to leave this building.”
At The Judge’s words, both men turned to make a dash for freedom, but Joe was already there, waiting with hands on hips and a glower in his eyes that foretold fearsome consequences of any attempt to force passage. Jerry stopped dead in his tracks at his father’s formidable glare, but Jackie kept walking as though to walk around his cohort’s normally amiable parent. Joe took half a step to where Jackie would have to d
ivert again to get around him. Joe said nothing, but his slowly shaking head was clear enough. Jackie stopped and backed up to rejoin Jerry.
Billy Ray latched onto both of their arms and marched them through the throng that had grown in the front of the room as those formerly seated sought to get close enough to see and hear whatever occurred. When he got them to the front of the courtroom, he pointed to the floor in the corner. When they both acted as though they didn’t understand what he meant, he jabbed his finger at the floor and took half a step toward them. Before he could take another, they both dropped and sat.
Olen didn’t waste any time in lodging more protests. “Your honor, I’m shocked! I demand that you declare a mistrial and release my clients. I also demand that my son and his friend be released from this blatantly illegal and totally outrageous vigilantism. I have never —”
After slamming both hands palm-down on the tabletop hard enough to upend the empty mug, The Judge rose from his seat, “You what?” His words boomed like a clap of thunder. “Mister Johnson, I told you once that you do not demand anything in my courtroom. You really don’t want to make me tell you again. Now, shut up and sit down. Is that clear enough?”
Olen stood with his mouth opening and closing like a carp on the riverbank. He issued little squeaks and grunts from his throat but backed off from his next tirade. He turned and stomped off to the front corner of the room where he knelt to confer in whispers with Jackie and Jerry.
“Jason, will you come to the bench, please, and bring with you anyone who may have something to contribute. Everyone else please be reseated or stand as you were at the back and sides of the room.”
There was much shuffling of feet and shoulders and turning about, but not a lot of movement to their seats until The Judge added, “Now,” in a voice still not quite back to his gentle side.