They walked down to the end of the hall to be alone. They huddled there in a small circle of three. I stepped out of our room to use the bathroom. When I looked down the hall and seen them standing there all together in one big group hug, it took my breath away. I sucked in a lungful of air, then turned and walked towards the washroom.
I passed Jeffery Motter and his family as I walked. Motter was standing talking to his attorney. Doesn’t he see the pain at the end of the hall that he caused? Doesn’t he care? I continued pass him. He would care. One way or another, when this was over he would care. I’ll see he cares. He will care when his world falls apart. He will pay. He will feel our pain. This is the one thing I know, he will suffer.
After the fifteen minutes they called for Sammy Bowlinger to retake the witness stand. When no one walked up to the witness chair the courtroom deputy walked out into the hallway. Sammy was no longer at the end of the hall. The deputy called out his name several times. As the deputy placed his hand on the door to re-enter the courtroom Sammy came around a corner his mother and wife following.
The deputy waited for them, never asking them to hurry or acting like he was distressed with them. He just waited, holding the door for all three. Then he followed them in.
Sammy sat back down in the witness chair. The judge reminded him he was still under oath. Sammy acknowledged he was aware of that fact and waited for his next question.
Defense attorney Wilson took well over a minute to look over his papers to locate his first question. It was only a minute but seemed an eternity for Sammy.
When Wilson started he started slow. “Now Mr. Bowlinger, you say Jeffrey let you work for him. Correct?”
“Yes.”
“Did he teach you what to do? Show you and instruct you in the workings of how to fix electrical lines in houses?”
“Yes.”
“And what did he get from you for this education? Did you pay him?”
“No. He said I could learn and help him out at the same time.”
“Now Mr. Bowlinger, when Jeffrey bought you things for rewards for doing a good job or doing well on tests, was he a bad person?”
“No.”
“You took these gifts and went with Jeffrey to restaurants and on trips without any fear of him correct?”
“Correct.”
“You say he showed you pictures of nude people. Now isn’t it a fact these pictures were in magazines that were in his office?”
“That’s right.”
“And isn’t also correct that you picked up these magazines and looked at them yourself without Jeffrey handing them to you saying, ‘Here, look at these,’ isn’t that correct?”
“I may have picked them up.” Sammy was seeing where this was going and started to think through his answers. Then he remembered what the States Attorneys had said, ‘just always tell the truth as you know or remember it.’
“I mean he didn’t shove the magazines at you and made you look at them. Didn’t hold them in front of you to look at them?”
“No.”
“You like most children were just curious and looked at them, right?”
“I guess so.”
“Do you know what the word harm means Mr. Bowlinger? Strike that. The word harm can mean numerous things. It could mean hit, cut, choke, and push, among many, many other meanings. Did Jeffrey ever harm you in any of these ways?”
“Not like that.”
“And there is no way of you knowing Jeffrey harmed Tony Carver in any of these ways and you don’t know, for a fact, he ever harmed Tony Carver in any way, now isn’t that correct Mr. Bowlinger?”
“That’s correct, I’m not sure.” Sammy was starting to breathe heavier. His heart was pounding, not that he was lying but because Wilson knew how to take someone and twist what they were saying to meet his agenda.
“That’s all we have of this witness.”
States Attorney Clark remained seated at his table as he started, “Just a few additional questions Mr. Bowlinger. Did you ever ask Mr. Motter to buy you magazines with naked men and women in them?”
“No.”
“Lastly, Mr. Wilson asked you if Mr. Motter ever physically hurt you. I believe his words were, ‘hit, choke, push’. You answered Mr. Motter never brought you pain of this sort. But did he ever cause you to be in psychological pain?”
“Yes.”
“And that was when?”
“After he abused me.”
“I want to thank you for coming in Mr. Bowlinger. I’m done with this witness Your Honor.”
Judge Peterson looked at Sammy and told him he step down. Sammy looked back at the judge. His body and mind had been battered and bruised but it also held in it a wave of relief. This is something he had wanted to do for a long, long time now he had done it. Not only to say it to just anyone but to a judge and jury in court of law. He was drained yes, but oh so vindicated too.
After Sammy and his wife and mother left the courtroom Brent Clark continued, “Your Honor, next we would like to stipulate to two witnesses. Mr. Wilson and I would like to stipulate that if Kenneth Saucer would testify he would say he was with Douglas and Tony Carver one afternoon when Tony disclosed to Ken and Douglas, Mr. Jeffrey Motter touched Tony inappropriately after returning from a trip and also at Motter’s house.”
“You agree with that?” Judge Peterson asked of Theodore Wilson II.
“Yes, Your Honor,” was Wilson’s reply.
Also we would stipulate to if Herman Motter would testify he would testify he was not home at the time the search of the house started. He would also say he never granted or sanction the search.”
“Do you also agree with that Mr. Wilson?”
“Yes.”
“The State rest, Your Honor.” Clark told Judge Peterson.
“We will take a short recess then continue with the defense.” Judge Peterson then stood up as the deputy announced for all to rise. Judge Peterson walked off the bench and returned to his chambers.
Clark came into our room to tell us there was a break then the defense would have their opportunity. I asked how many witnesses? He replied, “I think only one, his mother.”
“What could she say?” Stephanie burst out. “She wasn’t there when her son was hurting mine.”
I wanted to say stop. To try and calm her but my words would not have helped. I just went to her side and hugged her. We had each other. We all had each other.
“It shouldn’t be long now,” Clark said.
“We want to be in there for closing arguments.” I told Clark. He said he would get us so that we could have that closure. Closing arguments were a summary of the trial. It wasn’t based on truth but what everyone had testified to. Both sides would go over high points that they wanted the jury to remember as they deliberated.
It was Theodore Wilson’s turn to call a witness; “The defense will call Patricia Motter.”
As Mrs. Motter took the stand she appeared nervous. She took on the appearance of an old lady, perhaps someone’s grandmother. Her eyes were not the same eyes that had been piercing me everytime our eyes met; instead they were darting side to side, first at the judge, then Mr. Wilson, then at the jury, and out into the gallery.
“Mrs. Motter,” Wilson started, “I’m going to ask you a few questions. I want you to take your time to answer them. If you need me to repeat anything you just ask me. All right, Mrs. Motter?”
Wilson was portraying her as a poor old woman that was very fragile. This was not the woman I had seen during this trial. Would the jury fall for it? You just never knew.
“Yes. I…I understand,” she quietly said.
“Mrs. Motter, you are Jeffrey’s mother, correct?”
“Yes, I am. And I’m proud of it.”
“Now just because he is your son doesn’t mean you would lie for him, isn’t this also correct?”
“I would not lie for him. That is correct.”
“Now turning your attention to the day the police brough
t Jeffrey back to your house and he was seated in their car he spoke to you. Do you remember what he said?”
“It is my house,” Mrs. Motter answered looking straight at Judge Peterson. “My husband and I have owned that house for over thirty years. Jeffrey lives in Florida.” Mrs. Motter finished and looked back at Theodore Wilson II.
Wilson shook his head as he attempted to convey with his eyes that she had not answered his question. He struggled by picking up the line of questioning she was answering.
“Yes,” there was a short pause as he formulated the next question, “since the home is owned by you and your husband Jeffrey could not officially give authorization to search it, and you never gave permission correct?”
“That is right.”
“When Jeffrey arrived back from the police station, you walked out to the police car. Do you remember what Jeffrey said to you? And if you do what was it he said?”
“He said ‘They think I did something to Tony Carver,’ and I said something like ‘what’ and he repeated those same words.”
“Are you sure he said that and not something to the effect that he molested Tony Carver?”
“He never said anything to that effect. I am sure of what I heard.”
“No further questions, Your Honor.”
“The State has no questions, Your Honor,” Gary Wagner said. The State felt their witnesses had covered what Mrs. Motter had testified to without asking her more questions.
Theodore Wilson II was seated at his table and conferring with Arnold Kukec and Jeffrey Motter. The judge had asked for him to call his next witness and he answered, “May we just have a moment, Your Honor?”
After a short conversation Mr. Wilson stated he had no more witnesses.
The judge asked if the state wished to call anyone in rebuttal. The state again said they rest.
States Attorney Brent Clark continued to sit at the table as he sent States Attorney Gary Wagner to our room to let us know we could enter the courtroom for closing arguments. Since the court was in recess only a few spectators were seated on the benches. We all sat in the front row waiting for perhaps the longest few minutes in our lives.
“Remain seated court is back in session,” the courtroom deputy declared.
Judge Peterson sat back down, “Mr. Wagner would you please start?”
The State went first, followed by the defense, then the State finished. Wagner pushed his chair back and walked slowly to the podium, which had been placed in front of the jury.
“Ladies and gentlemen of the jury what you have heard over the last few days is a horrific story. And as horrific as one might believe it to be, it doesn’t even begin to tell the story of how a young boy was taken advantage of and manipulated by someone he trusted. But it does not even stop there, he continue to struggle with this as a young man.”
“You heard from the boy, the young man himself what happened to him. And let me tell you,” as he was talking Wagner moved out from behind the podium and walked facing the jury, “this was not easy for him. He didn’t want to have to tell a group of strangers what happened to him. He didn’t want to tell a judge, or me or anyone else in this courtroom. It was very hard for him to tell his parents, the people he said he loved and trusted the most.”
“Why did he do it then? You heard him say,” then Wagner slowed his speech to articulate each word, “to-stop-this-monster, and that is why his ex-girlfriend told him to tell his parents.”
“You also heard Tony’s brother Douglas tell you how Motter got them to go along with him, with toys, games, trips, dinner, lunches all so that they would want to stay with him.”
“You heard not one but two detectives give the same account of how they approached and spoke with the defendant, Jeffery Motter. How he was asked to accompany them to the police station and once there how Motter confessed not only to the crime he was being investigated on but yet another crime of the same magnitude.”
“You heard again, not one officer but two, say exactly what Jeffrey Motter said to his mother while in the front seat of the unmarked police car. He said, ‘Mom, I molested Tony Carver,’ that’s what he said that he molested Tony Carver.”
“Then you heard from another young man who has no connection with Tony Carver or his family except, and it is a big except, he also was molested by Jeffrey Motter. For the first time in his life he told of the ways Motter became controlling over him. This was not precisely the same as Tony Carver but strikingly similar.”
“You heard the defense council agree that if Tony Carver’s boyhood friend would be called to testify he would confirm Tony’s and Douglas’ statements that Tony did in fact tell them, in confidence, of the molestation that had taken place with Jeffrey Motter being the offender.”
During Wagner’s closings he would move from in front of his table to the podium to walking in front of the jury. He sometimes would point to pictures which were introduced as evidence as the trial had proceeded. There was the cassette tape with Motter’s confession on it, the signed consent to search, and several pictures of young boys, among other items.
But when he came to the pictures of a naked boy that Motter himself took Wagner raised his voice so that all could clearly hear. Some in the next courtroom probably heard as well. “If, and I say if because you may not choose to view it again, if you look at the photographs of the naked young boy remember, Jeffrey Motter took these pictures. They were not in a magazine supposedly lying around in an office. He lined up the camera, pushed a button, and made the photograph.” There was a pause, as Wagner wanted the words to sink into the jury. When he spoke again it was softer as the jury listened to his every word. “Why he did this… we will probably never know, but what we do know is that he did.”
“Now it’s hard to say anything against someone’s mother, especially one that is trying to protect her son. I will only say you heard two, not one but two police officers testify they heard Jeffrey Motter say he molested Tony Carver.”
Wagner now walked over to the table where attorneys Arnold Kukec and Theodore Wilson II, and Jeffrey Motter sat. He walked to with in three feet of Jeffrey Motter pointed his finger and said, “This man, sitting right here, Jeffrey Motter, molested Tony Carver numerous times when he was but a child. He used his authority over him to control every situation. He used his friendship to gain access into Tony’s life. He used Tony, for his own sexual gratification over and over. The State has proven beyond a reasonable doubt Jeffrey Motter is guilty of all the crimes he is charged with. I ask that you find him guilty as charged. Thank you, members of the jury.”
Wagner then walked over to his table and took a seat next to States Attorney Clark. He let out a breath of air then picked up a pen and waited for Wilson to start his closing argument.
As Wagner gave his closing I had proceeded to have so many ups and downs I felt I was riding the fastest roller coaster made. My mind at times could not even comprehend all that was being said. Some I didn’t want to hear and in reality shut it out.
I was sitting between Tony and Stephanie, with Tony to my right. The exit door and Motter’s table sat to my left. Beyond Stephanie, on my left, was Detective Evan Tonka. Still with everything going on and everything being said I was able to control myself.
Theodore Wilson II started his closing slowly, taking a deep breath, a slight shake of his head, and a crimping of his lips. He looked at Jeffrey Motter as Motter sat with his head down. Then he started, “Ladies and gentlemen of the jury, the State would have you believe this is an open and shut case but I differ with that summation of this case and trial. I want you to look at what is believable in this case. First you have a man who believes certain things occurred on certain dates but can’t be sure. These things happened long ago which could lead to some clouding of the truth. Am I calling Tony Carver a liar? No I am not, in so many words. We all forget how things happen as years go by.” Wilson walked over to the jury.
“It’s like that summer vacation you went on ten years ago; y
ou know it was ten years ago until you look at the pictures you took which have the date printed on them. It was only five years ago, an honest mistake, yet a mistake.”
“What you also have here is a son of a police officer who tells his father I think something bad happened to me years ago. What does the father do? He starts to orchestrate the demise of Jeffrey, my client. He calls his friends on the police department and leads them right where he wants this case to go. As we brought out at trial, Tony Carver is suing Jeffrey. A fact you should keep in mind when you are looking for motive on the father’s part.”
As I sat and listened to Wilson speak I was thinking ‘I hope no one was believing this bullshit’, but I also knew you never knew what a jury would do. All it took was one juror to see it Wilson’s way and it was a scrub.
I reached my hand into Stephanie’s hand. Hoping I would not break it if I crushed down on it too much. She looked over at me, “Take it easy. It’ll be over soon,” she whispered.
Here she was comforting me when I knew she was also a nervous case. We had our highs and lows during this ordeal but she stood now a rock for all to see.
“Let us not forget the two police officers. Yes, there were two as the State continually beats on. Did you ever wonder why with Jeffrey under arrest, locked in a car, handcuffed, they need two police officers? This is just another point to ponder.”
“Then they just happen to come up with another alleged victim. How convenient is that? Somewhere you have to wonder where does this all come from?”
“You have pictures in evidence, but it is only summation who took the pictures. I’m sure every one of you has pictures in your house that you didn’t take. It is not right these pictures were ever taken but there is no evidence who took them, or for that matter, how they arrived in Jeffrey’s desk drawers. Here is another point that was not answered to consider when you are deliberating.”
My Justice My Revenge Page 22