My Justice My Revenge

by Terry J. Mickow

  “They will be allowed to stay. To everyone in this courtroom with an interest in this case, I will remind you, what is discussed here today can not be discussed with anyone else involved in this case. Are both sides ready to begin?” the judge asked.

  “We are Your Honor,” replied both sides.

  “Then let’s begin”

  Stephanie and I looked at each other and without saying a word, it was said through our eyes, “It’s starting.”

  The State started by calling their first witness, “Would Detective Evan Tonka take the stand?”

  Tonka entered the courtroom and walked up to the witness box. He stopped, standing in the box, raised his hand, ready to take the oath, after which he sat down.

  States Attorney Brent Clark started by asking the foundation questions. Who are you, where are you employed, for how long? He then went into the night he was called and the subsequent days of interviews.

  He testified to discussions he had with Tony, Stephanie and I. He told of how he investigated Motter prior to his arrest and of being at the police station for the arrest, confession and at Motter’s house for the search. He stated under oath as to how Motter was approached on the day investigator Paul Hennesey and he saw Motter and his nephew playing outside his house prior being taken into the police station for questioning. How Motter was transported to the station. How he was treated once at the station. How he signed the consent to search form and answered the detectives it was all right to record him.

  There were many other details added to his testimony as the Judge listened to them all.

  This took a little over an hour to complete. Then Theodore Wilson II had his opportunity to question Tonka, and twist everything he had said.

  First Wilson started with the fact Hennesey and Tonka had a “plan” to trick Motter into saying something incriminating against himself even though it wasn’t true.

  “There was no plan, other than to investigate the allegations of Tony Carver,” was Tonka’s answer.

  “You were asking incriminating questions, were you not? Questions that would be used against him.” Wilson asked the question then waited for the answer. He was however, unconcerned about the answer as he was already formulating the next question to ask.

  “Yes,” Tonka responded.

  “Had you given Jeffrey his Miranda rights?”

  “No.”

  “So let me get this straight. You asked him questions you knew you would be here today testifying to. Questions which could incriminate him, if he had ever done any of these allegations, and you took it upon yourself not to give him his Miranda warning?”

  “I do not understand the question,” was Tonka’s retort. “It seems as you asked me more than one question.”

  Good for Tonka. This was a trick attorneys used to get you to say one answer then apply it to the second part of the question. Tonka was too sharp for that. Plus he knew legally, he wasn’t required to give Motter his Miranda rights yet.

  “Did you know you would be using what he said against him?”

  “Yes.”

  “Let’s get to the time at the station. Did Motter know he was under arrest?”

  “He wasn’t”

  “He was free to leave at any time?”

  “Yes.”

  “How did he get there?”

  “He was sitting in the front seat of an unmarked squad car. He was not handcuffed.”

  “How long were you there?”

  “I would say, approximately ninety minutes.”

  “Did you offer him a drink?”

  “No.”

  “Did you offer him a break in-between the interview?”

  “No.”

  I leaned over and whispered to Stephanie, “Did you offer him an ice-cream cone?” The questions were just stupid in my mind but I was no attorney. But then I did get interested in the questioning.

  “Do you know the victim’s father?” asked Theodore Wilson II.

  Tonka thought on the question for a second or two. He was wondering where this line of questioning was leading. He then answered, “Yes.”

  “He is, in fact, a close friend of yours, correct?”

  “He is.”

  “He worked with you at the police department and was one of your training officers, correct?”

  “Yes.”

  “He helped with your police career, did he not?”

  “He and others.”

  “Isn’t it true that you would do almost anything for him to help him out?”

  “I object, Your Honor. Where is council going with this?” States Attorney Brent Clark asked.

  “I withdraw the question.” Wilson continued with, “Would you lie for him?”

  This caused Clark to spring from his chair, causing it to strike the partition between him and the gallery where we were all seated. “Your Honor,” he bellowed out, “this is outrageous.”

  “Mr. Clark, I understand your emotion, however, I will allow the question.” The Judge looked away from Mr. Clark and turned his attention to Detective Tonka. “Detective, please answer the question.”

  Brent Clark looked back at his partner, Gary Wagner then let out a sigh of defeat. He could do nothing other than sit back down after retrieving his chair.

  I realized where this was going. I had set this all up. I called my friend; I knew the investigating police officers. I knew them all. I helped train them all. They would do as I said. This wasn’t any further from the truth. No one would jeopardize his or her careers for me or anyone else. It was my department I knew them all. The crime happened there.

  They were making me the bad guy.

  “No,” answered Tonka, “I would not be here today if I had to lie.”

  The questioning continued for thirty more minutes. As I sat there I was becoming more and more upset with Mr. Wilson. I knew he would make sure Motter received a fair trial, but he was going to attempt to get him off. The words I heard so many times came back to me, “if that was my son, Motter would be dead.” Did I do the right thing?

  Next to testify were officers Matthew Williamson and Dominic Hattle. They both testified that they were standing by the squad car when Jeffrey Motter’s mother came up to the squad and he said, “Mom, I molested Tony Carver.”

  Wilson countered with the questions, “Are you sure of that wording? Could he have said, ‘They think I molested Tony?’ Had he been given his Miranda rights?”

  They both answered they were positive of the wording. In fact, Officer Williamson stated, “I will never forget those words, ever.”

  Neither was sure if he had received his Miranda rights prior to that time.

  Bill Wasmiak took the stand next. He was sworn in then sat down in the chair. States Attorney Gary Wagner stood up walked towards Wasmiak then stopped and started the questioning. After several minutes of background questions into his expertise of collecting evidence he asked, “Did you have a consent to search form signed by Mr. Motter and was he present for that search?”

  “Yes.”

  “He was aware of what you were going to remove items from the house. His computer, any pictures you located, basically any evidence related to this case?”

  “He was aware and he stood within feet from where all the evidence was removed from.”

  “Did he ever say stop, don’t take that?”

  “Never. He watched and just stood there. Not saying much at all, if anything.”

  “Were any pictures found?”

  “Yes, several. Some were pictures of a young boy approximately fifteen, naked seated in a chair, in the state of sexual arousal.”

  “I show you a picture, marked exhibit number five. Is this that picture you just described?”

  “Yes.”

  Mr. Wagner then showed Mr. Wilson the picture. Wilson barely looked at it as he used his hand to eliminate the picture from being placed in front of him. Seemed he could defend the man that took the pictures but he didn’t want them to actually exist.

  “Do
you know the age of the boy when the picture was taken?” asked Wagner.

  “Your Honor, I object. These pictures are not part of this case. In fact, I’m told the boy in the pictures says nothing happened to him. Only that the picture was taken after he walked out of the shower,” Wilson declared.

  “Your Honor,” Wagner shot back, “these pictures show what this defendant was doing with and to young boys at his house. It’s true he never admitted to any sexual relations with the defendant, but that doesn’t mean they did not occur.”

  “Your Honor,” Wilson cut Wagner off, “there were never any complaints issued with this boy as the victim. Other than this out of context picture, nothing ever occurred with this boy of any criminal nature.”

  “Your Honor, I’d have counsel take another look at the photograph.” Wagner was now looking directly at Wilson and not the Judge. “The boy is in the state of sexual arousal. Can he not see that? Or doesn’t he want to see it. Either way it is there for him to see, if he would only open his eyes to look at the picture.”

  “Your Honor…” started Wilson.

  “Enough. This started with a question about the boys age, I am going to let the witness answer, if he in fact knows the age.” The Judge was upset. It was the first time he showed his temper during any of the proceedings. The first time being upset and he was siding with the state. Seemed like a good thing in my opinion.

  Officer Wasmiak answered, “Detective Tonka interviewed the boy and found out he was fifteen at the time.”

  “Object, hearsay,” rolled off of Wilson’s lips.

  “Sustained,” Judge Peterson ordered.

  “Where was this picture located?”

  “It was found in the top drawer of the defendant’s desk in his bedroom.”

  “Was he present when you found it?”

  “Yes, he was. I showed it to him. He just put his head down, and then shook it slowly from side to side.”

  Wasmiak went on to testify he removed a computer, numerous photographs, as well as taking several photographs of the defendant’s bedroom. States Attorney Wagner entered into evidence the list of items taken in the search. Mr. Wilson already had the list but stared at it for at least five minutes as if this was his first time seeing the list.

  “Your witness.” Wagner was done. He retrieved the information he needed from Wasmiak. Now it was Wilson’s turn.

  Wilson battered Wasmiak for twenty minutes trying every way he could to get Wasmiak to change his story. What Wasmiak had going for him was it wasn’t a story, it was the truth. Wilson gave up and Wasmiak walked off the witness stand.

  Officer Wasmiak’s eyes met mine as he walked from the witness chair past the pews where I was seated. He closed his eyes slowly and slightly bowed his head. He then reopened his eyes as he passed me. I wasn’t sure exactly what the movement had meant but I was sure it was an out of respect move. I tilted my head down then back up as he passed.

  The state then said it would rest. It was now up to Jeffrey Motter’s attorney, Theodore Wilson II to continue. States Attorney Brent Clark had told me that Wilson anticipated to call four witnesses. I knew two would have to be his mom and dad, probably his sister but didn’t have a guess as to the fourth. Could it be Jeffrey himself? The defendant rarely takes the witness chair at trial, but this was not a trial, this was a motion.

  Finally it was time to start. Attorney Wilson II said, “Your Honor, the defense would call Herman Motter.”

  Herman Motter, Jeffrey’s father, walked in from the hallway where he had been waiting to be called. He walked directly to the witness stand and was sworn in. The Judge told him to have a seat, at which time Herman Motter sat down.

  Attorney Wilson II opened by asking his name and relationship to Jeffrey. After going through several other basic questions Wilson asked, “Were you home on the day a search warrant was issued for your house?”

  “No,” was the answer.

  “It is your house is that not correct? And you and your wife own it?” Wilson asked.

  “That is also correct.”

  “Was it ever your son’s, Jeffrey, home”?

  “No.”

  “Was he living there at the time? Was this his main abode or was he living somewhere else and only visited from time to time?”

  I leaned over and whispered to Stephanie, “They are going to say he didn’t live there so he had no authority to grant a search of the house.”

  Jeffrey’s father replied, “He has a home in Florida where he lives. He visits only a couple times a year.”

  Lies, all lies I wanted to shout. He’s protecting his son. Lying for him. I could understand this if the crime wasn’t so hideous. Want to get him help, yes but lie for him?

  “Did you ever notice Jeffrey having a number of friends that were children?”

  “No.”

  I was livid. Everyone knew he had friends that were kids. I knew it but never thought he would have been abusing them. All lies.

  When the State questioned Herman Motter they asked if his son had a room down stairs in their basement that was considered his, Jeffrey’s. Did he not stay in this room always? Every time he did stay at the house this is where he would stay and hadn’t

  Jeffrey told both him and his wife to stay out of that room?

  Herman Motter answered no to all the questions. Just the way he was probably prompted to answer.

  His last question went back to the lead question. “You say you were not at your home when the searched warrant was served. Is that correct?”

  “Yes.”

  “Did you ever show up?”

  “Yes, my wife had called me and told me to get right home the police had taken over our house. When I arrived I told them to get out of my house.”

  “And did they?”

  “No. They kept taking items out. Walking right by me. Then it was over.”

  “Thank you Mr. Motter. You have been very helpful in clearing up some muddied situations.”

  “Mr. Motter,” States Attorney Gary Wagner continued, “so that I have your testimony correct, you say your son Jeffrey never had a bedroom in your basement? Not even as a child?”

  “Well when he was a kid he stayed down there.”

  “So it is a fact he did have a bedroom in the basement? And it is also a fact, as an adult, when he came to visit he stayed there?”

  “I’m not sure, but I guess sometimes he could have stayed there.”

  “You say, Mr. Motter that you were not home when the search warrant was being served and carried out?”

  “Correct’”

  “And when you arrived home you told the police to stop. Is this not correct?”

  “Yes.”

  “Who did you tell? Which police officer? Where was he standing?”

  “There were so many, I don’t know who it was.”

  “Did the police officer acknowledge you, you know, as if he heard you?”

  “No, he never even looked at me.”

  “Could it have been he didn’t ever hear you?”

  “I said it loud enough.”

  “But the officer never, in any way acknowledged you, correct?”

  “Correct.”

  “I have nothing further of this witness, Your Honor.”

  States Attorney Wagner had done a great job in his cross-examination. At least, I felt so.

  The next to be called by Mr. Wilson II was Jeffrey’s mother. As she came into the room she searched the pews to find me. If looks could kill someone should have called 911 because her eyes were piercing right through me. But I also observed how fragile she was as she climbed the stair to the witness box. How at the beginning I had felt sorry for her as this would certainly upset her whole family also. But then I remembered how she now blamed me for all her son’s problems. How it was my fault and she had no compassion for my family.

  She was also asked the basic questions, her name, where do you live et cetera, then she was asked about the search. She stated she wasn’t there, th
en retracted the statement saying she was there. She stated she was out by the car when her son said he molested Tony. Then she paused and said she hadn’t been there and no one had said that. It was very clear she was confused. She either couldn’t remember what had occurred or she couldn’t remember what she had been told to say.

  States Attorney Wagner never even cross-examined her.

  When Jeffrey’s sister testified it was mostly as a character reference.

  Everyone waited as the next witness was called. To all of our amazement it was Jeffrey Motter. The state had hoped for this as they could ask him direct questions. Knowing they would be limited but still the opportunity was now there. No one was more shocked than I was. I was so glad I would get to hear him for myself. Would there be remorse? Would he be saddened? Or the monster I was becoming to know.

  ***

  Jeffrey Motter was indeed taking the stand. His attorney, Theodore Wilson II, called Jeffrey Motter’s name to take the stand. He stood up from the desk looked at his attorney Wilson, then at his mother. He then proceeded towards the witness stand. I wasn’t sure if his mother even saw him look at her as she was still staring directly at me. He stopped and stood next to the witness chair to be sworn in. He said he would tell the truth, I guess we would see. I had my doubts.

  It started out very monotonous. State your name and your age. Your address was somewhat amusing as he gave a Florida address. Eventually we arrived at some questions I wanted to hear. I moved up to the edge of my seat to listen. I also had a pen and piece of paper in my hands to write down anything I felt relevant.

  “Were you visiting your parent’s house on May fourth 2005?” asked Wilson.

  “Yes, I was,” Replied Motter.

  “At some point in time that day, were you playing outside with your nephew?”

  “Yes. I always play with my nephews and nieces when I visit. We have a lot of fun together.” As he answered he looked straight ahead at his attorney. He never once looked at anyone in the courtroom, including the judge.

  “What happened next?”

  “Well, at some point, I can’t remember precisely when, because it happened so fast, but there were police officers in my yard standing right next to me.”

  “Did they announce themselves or call out to you?”

  “No. They really frightened me. At first I didn’t know they were police officers. I thought maybe they were there to harm or kidnap my nephew. I told my nephew get to the house now, which he did. He was standing at the door when I told him to get inside.”