by Sandra Grice
Dale swallow hard and continued, “Tell him how much he hurt you, but that he did not defeat you. He does not control you like he thought he could. He is not smarter than you like he thought he was. And he is not tougher than you. No, he is the one that is the coward. And how scared do you think he is going to be when he goes to jail because of your testimony against him? You can do this, Steven. You have to do this for yourself. The time to make your decision is now. What’s it going to be, son?”
Suddenly Steven threw the cover off and looked through the window at Dale. She could see the change clearly in his eyes. There was a resolve in them. It was the look of a man, not a boy. He was a man on a mission, with the God-given courage of a lion. The car door opened. Steven stepped out and stood up straight and tall. He was no less bruised and scared, but he had had enough.
“Captain Grayson, I’m ready to testify. I’m only doing this because right now I believe what you just said. I believe God’s love is bigger than my fear. And I believe Matt needs to be punished, and he needs to be stopped. So let’s do this now, right now.”
“You are the boss. Let’s go put this criminal behind bars for as long as we can. I’ll be with you every step of the way. I promise you that.”
In the end, Steven proved to be one of the best witnesses that Dale had ever put on the stand. He recalled details and told the events in a way that was believable and evoked compassion. He would look occasionally at Matt, when defense counsel made him, but he never wavered. He never backed down. Dale, Ruby, and Becky could not have been prouder of him.
But when he stood to leave the courtroom, defense counsel had Matt stand as he passed by. It was a planned tactic. By having the two side by side, the panel hearing the case could see how much bigger Steven was than Matt. It was a cheap defense ploy, but it was effective. Dale felt the sympathy drain out of the panel. Steven was just such a large boy for his age. Who could blame the panel of officers for having some doubts?
As soon as Dale said, “The prosecution rests, your honor,” Tom Redmon was on his feet. This was his moment of glory, his time to shine. He stood with pompous poise. Dale surmised he had wanted to do this all his life, and the time was here, at last. It was his for the taking, and she knew he savored every moment.
He cleared his throat, in a self-important kind of way, and dramatically raised his voice. “Your honor, the defense moves for a dismissal of all charges against Airman Matthew Phillips. Prosecution has failed to meet the prima facie case against my client. All we have heard has been the imagination of a troubled child, and his aunt who obviously…”
Dale had expected this motion but was still livid. “Your honor, defense counsel has made his motion. Must we endure his melodrama?”
The judge was equally perturbed. “No, we must not, Captain Grayson. Take a seat, Counsel, both of you. I have heard defense’s motion to dismiss and it is denied. Prosecution has provided enough information for this trial to continue. I will instruct the panel of officers that, as they make their deliberations, this motion should in no way be a factor in the reasons for any decision reached. Now is defense ready to proceed with your case?”
Redmon was only slightly less annoying this time. “Certainly, your honor. We have fifteen character letters we will place into record. These will allow the panel to see what kind of man Airman Phillips is. We also will call four witnesses to testify to character; and we will place Airman Phillips on the stand to testify in a sworn statement.”
It was the most agonizing hour Dale had ever spent in the court room. Witness after witness echoed what was written in the character letters that she had already read. There were testimonies from daycare workers, community leaders, airmen and high ranking officers. All said essentially the same thing: Airman Matt Phillips is a one-of-a-kind, top-notch troop, a trustworthy, selfless, terrific and caring mentor to kids. All of them said they would trust him with their own children. How could Dale combat this?
Now came the crowning moment for the defense, as Airman Phillips stood and walked to the witness chair. He looked like the All-American boy, and played the part in his every movement. He told of how much he cared for kids, and how he planned on always being a volunteer for agencies that strove to be there for kids in need. When he described how he had created Club Champ to provide guidance for young boys, Dale grew sick in her heart. The impossibility of winning the case almost overwhelmed her.
“When I came to Guam I immediately realized there was a need to help the kids here. I knew it would take a while to get a Boy Scout chapter started, so I kinda modeled Club Champ off of the Scouts. But the good thing was we could start helping right away without waiting.” Airman Phillips beamed with confidence.
And you didn’t have to be bothered with supervision and accountability. Dale winced.
Then the testimony turned more solemn, as he talked specifically about Steven, how troubled he was, and how he had worked with him. He was shocked and hurt by the allegations, and could not imagine why Steven would make up such a thing as this. But he supposed Steven must be crying out for still more attention. He played it to the hilt. Dale could find few inroads to ask him about during her cross-examination. She fought back an overwhelming feeling of despair. This is not of God.
Dale had had just about all that she could take in that moment. She needed fresh air, and time to think, so that is what she asked for. “Your honor, we have not taken a recess since early this morning. Prosecution would like to request a short recess at this time as a comfort break prior to cross-examination.”
“I agree, Counsel. This court will be in recess for fifteen minutes. When we return, prosecution may cross-examine the witness. After which, I will ask for any prosecution rebuttal evidence. And then, I expect both counsels to be prepared for closing arguments and instructions for the panel’s deliberations. Are there any questions? No? Good. This court is now in recess.” He slammed the gavel down and rose.
Dale looked at Ruby and shook her head. “I’m going to step outside for a minute for some fresh air. I’ll be right back. I just need to think about the cross and closing argument.”
She walked down the hall and out the double doors. The sun felt even more intense than usual, and it was especially humid after a stray shower. The air was thick, not fresh like it would be this time of year in her native Tennessee. There was a flash of homesickness, or was it just a sick feeling about the case she was about to lose? She hated the thoughts parading through her mind. I’m letting Steven down. We are going to watch Matt walk out free as a bird, and Becky is going to have to face Joe when she returns home.
Beads of sweat were already forming on her forehead. The hot polyester uniforms were not made for this climate. She did not want to go back in, but she had no choice. She pushed open the door and saw Ruby sprinting down the hall toward her. Her first reaction was alarm. What now? Think about the cross.
“Dale, you are not going to believe the note that was just handed to me! It’s… well it may just be our miracle.”
Dale took the note from Ruby. Her heart raced. It simply read, “There is an unexpected witness now waiting in your office. His name is Luke, and he appears to be another victim. He wants to speak with you as soon as possible.”
Her reaction was immediate. “Ruby, request a meeting with the judge and defense counsel in chambers. I’ll check this out. Go, now!” Please let this be the answer to our prayers. Think about the cross.
Dale went to the east wing of the building faster than she thought she was capable of going. She opened her office door and saw a young boy. He was with two adults she presumed to be his parents. They sat together on the couch, eyes downcast. A sense of dread filled the air. But, there was a feeling of love and comfort with them also.
Luke Cook was twelve years old, and unlike Steven Pierce, was rather small for his age. He barely made eye contact with Dale. He talked only at a whisper. But his whisper was like shouts of glory to her. He did not have to speak loudly, because she knew t
he story he told was all that Dale needed to convict Airman Phillips.
Luke told her how he had been a charter member of Airman Phillips’s novel Club Champ. He had idolized Matt, and loved to spend time with him. Then something changed, dramatically.
Luke’s parents could not understand why Luke dropped out of the Club Champ group and started having behavioral issues. School grades plummeted. Luke became moody and antisocial, and had bladder control problems. His parents, counselors, and doctors were at a loss to determine the cause. Luke, out of fear and shame, did not speak.
That changed two days ago when Luke overheard someone talking about Matt’s trial at school. He came home early and opened up to his mother about what had also happened to him. Luke had only been molested once and broke away, pretending it never happened. Yet, try as he might, the abuse would not leave his mind. Now he agreed to testify against Matt and tell all that had happened to him. The miracle had, indeed, just walked in the door. Thank You, God. Thank You for the cross.
When Luke finished, Dale knelt beside him and looked him squarely in the eye. “Luke, I want to thank you very much for coming forward. You are a very, very brave boy, and what you are doing is a very honorable thing. I am going to go talk to the judge now, and I’m going to tell him everything you have just told me. The good news is that I seriously doubt you will ever have to testify in open court. When Airman Phillips hears that you are talking he will plead guilty in order to cut a deal. Thank you for making this possible.”
Dale stood and shook hands with Luke’s parents. “I know it was hard for you to bring Luke here today. I cannot thank you enough. I know all of this is very difficult. But this is the beginning of healing for Luke. And it means swift and certain punishment for the criminal that did this to your son. This will be the last time Matt hurts a young boy. Luke just helped make that happen.”
Though speechless, their eyes told her everything. Thank you for helping us, and please do not put our son on the stand. Send the guy that did this to jail and throw away the key. Please help us protect our son.
Dale walked quickly to the judge’s chambers and quietly opened the door. Ruby, Tom, Matt and the judge were waiting for her. The judge was impatient.
“Captain Grayson, I hope you have a very good reason for this delay in the trial.”
“Yes, sir, we have new evidence that I just learned about, and in the interest of full discovery, I asked my co-counsel to arrange this meeting.”
“Very well, please go ahead. What is this new evidence?”
Dale spelled out the testimony of Luke Cook and glared at defense counsel. Good, I will be able to knock that smirk off of his face after all.
When she had finished she watched Matt put his hands on his head and bow silently. Defense counsel’s face grew ashen, and he struggled to speak. It was apparent that Redmon had known about this other victim all along because he was quick to put a plea bargain on the table. He never even asked to speak to his client privately.
“No jail time if we stipulate and plead guilty,” he sputtered.
Dale stared at them both. “You are looking at, at least 20 years for one victim. We add another, and you are looking at a very long time. A very long time.” She stared hard at Airman Phillips.
“You don’t want that young Cook kid to have to take the stand. We’ll agree to five years, that’s it.”
“Counsel, if that is it, then I will see you and your guilty client in the courtroom. We will let the panel of officers decide what the punishment will be. But I do not think they will be kind in sentencing a multi-victim sex offender in a position of authority. I will offer you fifteen years, and that is better than you deserve.”
Redmon looked at Dale and the judge, not knowing what to say.
“Deal,” was the solitary word from Matt.
“Very well,” the judge said. “We will reconvene to dismiss the panel and enter the plea for the record. Captain Grayson, you will arrange the stipulation?”
“Yes, your honor. I will have it ready within the hour.”
Moments later the gavel fell as Airman Phillips was pronounced guilty. Ruby grabbed Dale’s elbow immediately. “How did we miss Luke in the interviews?”
“You know, that puzzled me too. But what happened was that Luke dropped out of the Club so early that his name was not on any of our lists, and for some reason no one we did interview mentioned him to us. So, we missed him, and did not even know it.”
“Wow, thank goodness that kid came forward. Congratulations, Dale.”
“And congrats to you too, Ruby. You did a great job on this case; you are going to make a great attorney.”
“Excuse me.” Becky stood behind them, with Steven nearby. “I just wanted to thank you both for all that you have done. I did not think that there was any way that you were going to win this case. But you never gave up, and for that we will be forever grateful.”
“Oh, Becky, thank you for staying the course, even through the hardest parts of this case; you are the glue that held it all together.” Dale put her arm around Becky’s shoulder and squeezed.
Then looking at Steven, she held out her hand. “Young man, you are nothing short of a hero in my book.”
Slowly Steven raised his hand and shook hers. “Ma’am, I just want to thank you for believing in me. When almost everything was pointing against me, you never doubted me. And that means more than I can put into words.”
“Steven, remember that God will never leave you either, no matter what - never forget that. It was His strength and grace in you that really pulled you through this.”
“Yes, I know that the only way I was able to get up there on the stand today is because of what you said about Jesus. I know people can be mean and can lie and hurt me. But I know Jesus always loves me, and with Him beside me everything will be okay.”
Dale knew that this moment was one of those once-in-a-lifetime feelings. This kid had put his complete confidence in Jesus, when he had every reason to run scared and let fear win. He could have folded. She could have quit. If either of them had done so this moment of justice would have been lost. Thank You, Lord.
She smiled at Steven and said, “What you have done here today will help sustain you for the rest of your life. It has been my honor to have known you. Thank you, young man, for reminding me that we must always believe in the truth, and that the truth will set us free.” Indeed the truth about those you think love you may hurt, but the Truth has set me free once again. Thank You, Lord; You have opened my eyes to a new day.
CLOUDS OF DOUBT
1993 DALLAS, TEXAS
Johnny waved a final good-bye to the crowd and walked off stage. It had been another tremendously successful concert. A loud, party-happy, sold-out crowd had thoroughly enjoyed his show. So much so that they had done everything short of worship him. Some may have even done that. Yet something was wrong, terribly wrong.
Exiting the stage, he walked to the back door of the building. A cool evening breeze hit him in the face. It felt good, but gave small relief to the humid July night. The breeze reminded him of how he felt: just not satisfied. Normally he would hop off the stage full of exhilaration, ready to party. Tonight he felt nothing. This emptiness was so foreign to him that it almost frightened him. Was he sick? What was wrong with him? What brought this on?
He climbed the three steps up to his bus and made his way to the back. He went to a closet to pick out his after-show party clothes. It had become the routine for Big Ben and Johnny to go out and party like there was no tomorrow whenever they could. Since Johnny had four days until his next show in Chicago, this was a perfect opportunity to have some fun together. Big Ben had been planning for days to party in the big “D.”
They had had a few minor scrapes with the law at times, but nothing major. There was that one drunk and disorderly charge. It had been made by some overzealous cop, and Jason took care of it. But, out of respect and reverence for Casey, Johnny made sure they never drove while impaired. Min
or as they were, however, their scrapes did not go unnoticed. Those reports, coupled with the numerous stories about Johnny’s womanizing, had led Jason to dislike Big Ben more than ever. Still, there was no stopping the boys and their good times.
Except that tonight, Johnny just could not bring himself to go out. Instead, he pulled on a pair of well-worn blue jean cut-offs and sat shirtless by the window. He watched Big Ben load the last case on the truck and slam the door shut. It had been a long day, but it was even longer for his guys.
Ben had been working with the crew for more than two years now, and he loved the job. It was hard work to be sure, but Johnny knew he put his heart and soul into it. In this job Ben had found more than a good, steady paycheck. He had found a family. Johnny was happy he could give that to his friend.
Family – the thought of it strangely sent Johnny into a deeper funk. He got up and took an unopened bottle of Jack Daniels from the top shelf. Two healthy chugs of the whiskey made his throat and lungs burn. A third brought watery eyes. But none brought relief. More, he needed more to numb his misery. He pulled on a baseball cap and departed the bus, bottle in hand.
Minutes or hours passed, he wasn’t sure. In the distance he could hear Big Ben looking for him. He watched his big friend frantically searching. He did not move. Big Ben would not quit until he found him.
Big Ben walked up to the bus and pounded on the door. “Hey Johnny, open up, man. It’s me, Big Ben. Are you ’bout ready to hit the town, man? The big city is waiting for us; let’s go.” Johnny remained silent and hidden, invisibility his only relief.
“Johnny.” Big Ben opened the door and climbed aboard the bus. “What gives, man? It’s almost midnight. Let’s get a move on.”