by Jim Laughter
∞∞∞
The presiding judge gaveled the hearing to order at nine a.m. and motioned the parties forward. He noted that while the social agency had two lawyers, the petitioning party had only an old woman flanked by two troopers.
The judge was perplexed by this and asked, “Where is the petitioner, Mr. Robert Hassel?”
“He is currently in the hospital recovering from a gunshot wound and a concussion and remains unconscious, Your Honor,” one of the troopers, a lieutenant, answered. “Mr. Hassel was the victim of an attack at his farm.”
Agnes was amazed to see the original regional director, Prudence Hornbeck, sitting with the two agency lawyers. Agnes asked how this was possible and discovered that the director’s job was secured by appointment, and that she had resumed her position after a short probationary period.
“Do you intend to withdraw the petition?” asked one of the lawyers representing the social agency.
“No, we do not,” replied the lieutenant. “We petition the court to grant a ten-day extension of these proceedings until either Mr. Hassel is able to represent the petition, or his role is assigned to another competent party.”
“This is most unusual!” protested one of the agency attorneys. “I move that we proceed as scheduled.”
The judge thought for a moment. He didn’t care for lawyers who tried to run his court for him.
“Overruled,” replied the judge. “I hereby grant the petitioner a ten day extension on these hearings pending appointment of a substitute petitioner. However, these hearings will proceed as scheduled ten days hence whether or not the substitute has been qualified.”
The judge motioned for the lead attorney for the social agency to approach the bench. “I will decide what is and what is not unusual during these proceedings, not you. Is that clear?”
“Yes, your honor,” cowed the lawyer.
Banging his gavel again, the judge added, “Case postponed.” The court clerk announced the next case on the docket and Agnes and the two troopers left the courtroom.
“Will Jake be here in time?” Agnes asked the lieutenant. “The doctors said Robert is now in a mild coma and they aren’t sure when he’ll come out of it.”
“I understand that Major Sender, his wife, and Mr. Eagleman are already enroute,” he answered. “They should make it with a day to spare.”
“I hope so,” Agnes said. “I can’t stand those hotshot lawyers.”
“Don’t worry,” the other trooper said. “Everything is being done as quickly as possible.”
“Agnes?” the lieutenant asked, “do you want to go home or back to the hospital?”
“I want to be with Robert but I probably should go out to the farm to take care of the chores,” she answered.
“Don’t worry about the farm, ma’am,” said the other trooper. “Several of the men have volunteered to take care of it for you so you can stay at the hospital with your husband.”
“Thank you.” Agnes said wearily.
The troopers escorted Agnes to their waiting ground car. As they drove away from the courthouse, the lieutenant considered the mess that had developed and determined to put a call through to Mike Azor as soon as he could get back to the office.
∞∞∞
Mike was relaxing in his cabin with a good book aboard a regular transport ship when the intercom buzzed.
“Yes, what is it?” he said into the wall unit.
“We have a priority message for you, sir,” the comm trooper reported.
“On my way.” He lay down the book and shrugged into his uniform jacket. Winding his way through the passageways to the comm center, he was soon there.
“Here’s your message,” the comm trooper said, handing an envelope to Mike. Mike thumb-printed the register and then opened his message.
Scanning the slip of paper, Mike noted that it had come from the liaison lieutenant back on Erdinata. “I need to speak to the captain immediately.”
“I thought you might,” the trooper replied. “I signaled the captain and she’s waiting for you on the bridge.”
Leaving the comm center, Mike went forward to the bridge. The captain looked up from where she was consulting with another crewmember.
“Trooper Thomas notified me that you were on your way,” she said. “What can I do for you?”
“As you know, I just received a priority message,” Mike began. “It concerns the reason Our Lady sent me out here in the first place. It looks as if I need to reinstitute the Imperial Directive and return to Erdinata as fast as possible.”
“I thought that might be the case,” the captain replied. “I had my second lay in the new heading in preparation for such an event.”
“How soon can we get there?”
“Running in the low red zone on the throttle all the way will get us there in about nine or ten days,” she answered. “She’s an old boat, so we don’t have the speed of the newer ships.”
“Well, we better do it. Time is of the essence,” Mike said. “With your permission, I need to send several messages to the parties involved, as well as to Our Lady.”
“Tell the comm trooper to give it priority status.”
“Thank you, captain.”
As he turned toward the comm cabin, he heard the captain issue orders for a course and speed change. Entering the comm center, Mike felt a vibration in the deck as the ship strained forward with everything she had.
Chapter Twelve
The trio watched the cruiser touch down on the designated landing pad. The hatch opened. The ramp extended and the captain came out first according to safety protocol. Signaling to those in the ship, the captain stepped aside and waited while guards were posted. Then came the passengers, who together with the ship captain approached the waiting trio.
One of the passengers broke away from the group and ran to the woman waiting with the two troopers and picked her up in a long, embracing hug. He didn’t know why but Mrs. Hassel had somehow become the mother he’d lost so long ago. His love for her and Mr. Hassel ran deeper than for any other human beings in his life, including his brother.
Jake and Sherry took turns hugging Agnes and she introduced them to the lieutenant. They expressed their concerns about Robert’s health and asked if he’d improved since their last communique.
“I know you’re all anxious to visit but unfortunately we have a hearing tomorrow and had better be ready,” the liaison lieutenant said, motioning for them to the parking garage where they’d left the ground car.
“I received your brief on the ship on the way in,” Jake said. “I still feel like something is missing. Could you please bring all of us up to date?”
“Certainly,” said the lieutenant. “With the permission of Agnes, I have temporarily assumed the role of petitioner so she can be with Robert.”
“How’s he doing?” asked Delmar.
“When I left there an hour ago, there’d been no change,” Agnes said. “He’s stable and recovering from his injuries, but he’s still in a mild coma.”
“Have they caught whoever attacked him?” Sherry asked.
“Not yet,” answered the other trooper with Agnes. “They have no real leads, except the suspicions of Agnes. They found no evidence beyond the bullet in Robert’s leg. Efforts to match the ballistics of the bullet with any known weapon have been fruitless. We suspect the attack on Robert and the confrontation with Agnes at the front of the house are related, but can’t prove anything. What would be ideal would be Robert’s testimony or identification of his attacker, but he’s still comatose.”
“What about the hearing?” Jake asked.
“It convenes at nine a.m. tomorrow, sir,” the lieutenant answered. “The guardianship issue is up for review with a petition by Robert to have it changed. By law, there can be no change without the death of the judge or the original guardian. The social agency is flexing its muscles again and has two lawyers presenting their case. How Robert ever got the court to consider his petition is beyond
me. Normally, it would be rejected by the court since it doesn’t challenge the current law.”
“What about the references Robert made to the Imperial Directive that Mike Azor enforced?”
“Unless that’s reactivated by Mike or the empress, we haven’t a leg to stand on,” the lieutenant answered. “I sent a message to Mike and he’s returning as soon as he can. The best estimate is tomorrow evening, which may be too late.”
“Then we’ll just have to wing it tomorrow,” Jake said. “I have an idea that may stall things but I have to make some calls tonight before I’ll know if it’ll work.”
Arriving at the hospital, they were ushered into Robert’s room. It unnerved Delmar to see Mr. Hassel lying there without response. Agnes slipped an arm around Delmar and they stood holding each other for several minutes. Jake and Sherry left the room to let them have some privacy.
Later, Agnes and Delmar joined the Senders in the waiting room and the four continued on to the Hassel farm. As they passed his old home, Delmar saw that his brother was having a party of some sort. It disappointed the boy but did not surprise him to see how badly the farm had deteriorated since he had run away so long ago.
Agnes showed everyone to their rooms and went to bed. Sherry suspected that Agnes needed someone, so she quietly let herself in to comfort her old friend. Delmar went out to check the farm buildings and stock while Jake used the telephone. Calling a few fellow ministers, Jake inquired about their experiences with the social agency and the courts. While they talked, an idea formed in his mind, an idea of how to handle the court in the morning.
∞∞∞
The morning weather was beautiful outside the windows of the courtroom but the banging of the gavel brought everyone’s attention back inside. The presiding judge called the parties forward and saw that along with Mrs. Hassel and the trooper lieutenant, there now stood a trooper chaplain in full dress uniform with major insignia on his collar. Trooper chaplains were rare enough that the judge had trouble not staring at the combination of rank insignia and a clerical collar together. The two attorneys also noticed the change.
“Mrs. Hassel?” asked the judge. “Who is this gentleman, and why is he here?”
“This, your honor, is Trooper Chaplain Major Jake Sender,” she responded. “He is here to represent Mr. Hassel in the petition proceedings. He is temporary foster guardian of Delmar Eagleman and as such has legal standing in these petition proceedings.”
Jake was pleased that Agnes had gotten through the prepared speech flawlessly. These last two weeks had been hard on her.
“Major Sender, please approach the bench and present your credentials as substitute petitioner,” the judge called.
Jake approached the bench and handed the bailiff his service reactivation papers, along with copies of his ordination and the court decree concerning his status with Delmar. He also included Robert’s latest medical report. The judge reviewed the papers and handed them to the court clerk for copying and entry into the court record.
“Your honor, we object,” interjected one of the social agency lawyers. “We insist that the original petitioner be present or the case be dismissed.”
“Objection overruled,” the judge answered without looking up. “May I remind counsel that I have previously ruled a petitioner representative may assume the case in light of Mr. Hassel’s continued disability?”
Turning back to Jake he said, “I find all your papers in order, Chaplain Sender. You may represent Mr. Hassel in these proceedings.”
“Thank you, your honor.” Jake retrieved his papers from the clerk, who had finished copying them.
As was normal in such proceedings, the social agency opened with their rebuttal to the already presented petition. The first attorney for the agency began by stating why the petition should be dismissed. Referring to the law concerning the designation of guardianship, he attacked the petition based on failure to address either of the two exception clauses.
Hearing this plan of attack, Jake smiled and bid his time. The attorney brought forth the agencies own reports concerning the suitability of Dorn to continue as guardian of his brother, Delmar. Adding to the preponderance of papers, he then entered the agency report concerning the interference by the Hassels. Again, Jake smiled. Concluding his statements by reiterating the agency’s assertions, the lawyer finally sat down.
The judge then called the petitioner representative to present their petition and any objections to the rebuttal. Jake rose and stood before the bench.
“Your Honor,” he began, “the petition is already recorded in the court record, so I will summarize it. The petitioner requests that the designation of guardianship of Delmar Eagleman be reviewed in light of events that transpired in recent months. The petitioner is aware of the limitations of the law, but in light of the Imperial Directive, asks that reconsideration of the suitability of Dorn Eagleman as guardian be reviewed. In light that these proceedings are happening at all, and that the social agency is defending its original assessment concerning guardianship when the law would normally cause the petition to be dismissed, strengthens our argument that there is sufficient cause and grounds for the court to entertain our petition.”
The courtroom erupted in murmurs and the lead attorney rose and objected to Jake’s assertions. The judge gaveled the courtroom quiet and overruled the objection.
“The court recognizes the assertions of the petitioner and rules that they are sufficient to support the petition,” the judge announced. “Petitioner, please continue.”
“Thank you, Your Honor,” Jake said. “As petitioner representative, I would also bring to the court’s attention that the agency has submitted prior testimony and rulings as precedent to its request for dismissal. In as much as the court admitted such testimony and the cited reports, the petitioner requests that equal strength and stature be granted to any prior testimony or rulings we may wish to cite.”
Again, the courtroom was abuzz while the lead attorney strenuously objected. After gaveling the room to silence, the judge leaned back in his overstuffed chair and thought for a minute. Turning to his monitor of the court record, he reviewed the opening statement of the agency counsel.
Finally, he turned back and faced the courtroom. “It is the opinion of this court that the petitioner will be granted the same right to cite previous testimony and rulings that the agency has been given by the admission of their arguments into the record. The objection is overruled.”
The courtroom again erupted and it took the judge several tries to silence it. Order restored, the lead lawyer requested permission to approach the bench.
“We request a recess until this afternoon in order to consider the petitioners position and secure needed records and witnesses.”
“Does the petitioner representative have any objection?” the judge asked.
Jake was perplexed by the tactic of the agency but could find no solid reason to object to the delay. “No, your honor,” he answered. “We have no objection if the petitioner is granted the same privilege.”
“Granted,” agreed the judge. “This court is in recess until two o’clock this afternoon.” He pounding his gavel and left the room.
∞∞∞
Gathered around the conference table at the liaison office, they began to plan their strategy for that afternoon. “I was surprised the judge accepted their use of prior testimony and precedents,” the liaison lieutenant said.
“I was hoping he would,” Jake replied. “I know it goes against Axia law, but by opening it up in court, it allows us to fully examine their records and challenge their assessments.”
“What about your argument that their objection to our petition grants us legitimacy?” Agnes asked. “Wasn’t that rather risky?”
“Yes, it was. But I had to discern the playing field of the court. By admitting their objections, they leave themselves open to the suspicion that they have something to hide. As the poet said, ‘Me thinkest they protest too much.’”
> “What do you think they’re up to with this recess?” the lieutenant asked.
“I think for one they’re buying time,” answered Jake. “For another, I think they’re going to put Dorn on the stand to parrot their pretty lines.”
“How do you plan to deal with it?” Agnes asked.
“By fighting fire with fire,” answered Jake. “I might put Delmar and you on the stand.” The group became quiet as they all looked over at Delmar who had remained silent so far.
To break the tension, the lieutenant said, “It would help if we had some of the local police officers ready to testify. I can contact the chief and get him to release those men.”
“Good idea,” answered Jake.
“Speaking of good ideas,” Agnes interjected. “I think we should break for lunch.”
Agnes, Delmar, and Sherry drove to the hospital to visit Robert while Jake stayed at the office to make calls. Checking in at the nursing station, they learned that Robert had become more restless and was showing signs that he was coming out of the coma.
When they entered his room, it was obvious what the nurses meant. The sound of Agnes’ voice caused Robert to stir even more, and he began to moan. Agnes talked to him but he was still too deeply comatose to respond to her voice.
The judge gaveled the court to order at exactly 2 o’clock. Jake noticed the agency lawyers had indeed brought Dorn to court. The man looked terribly hung over. Sitting behind Agnes were the police officers that had been involved in the disturbances weeks ago, both at the Eagleman farm and later at the Hassel’s. According to protocol, the judge allowed the agency to state its case first.
Citing their first evaluations of the Eagleman home, the lawyers painted a pretty picture of Dorn and his ability to act as Delmar’s guardian. They referred to the very report Robert had read months earlier in the director’s office about the investigation conducted after the Hassel’s first allegations. Agnes’ actions defending her home from Dorn and later the director were brought up as evidence to discredit the petition. As further support, they put Dorn on the stand to deliver the obviously prepared speech he had hastily been taught.