***** Writer's note: Chapter 23 and 24 are written to be a story of their own. Please read both. They are a complete substory of the bigger family drama! Enjoy!
INTO THE WOODS
TGIF! T-fucking-GIFF! Thank you, God, it's Fucking Friday!
Jack Grant sighed in relief, as Judge Jethro Jacobs vacated the bench and left the courtroom,
'cause this week has been one fucking ballbuster of a day-in-court!
Jack's week had been mostly a workweek; but, work had been sheer pleasure compared to his personal day-to-day existence. Family life was not being kind to Jack Grant. Not only did his daughter 'hate' him; but, to make matters worse, he hadn't been able to spend any time with Jessica.
Today, Friday, in particular, had been mostly one workday from hellβa culminating event. Several weeks of legal effort had been put to the test as the attorneys and their clients finally appeared in court.
All of Jack's pretrial motions to have his client's charges dismissed, because Traynor's daughter was a consenting adult, were summarily denied after Jennifer pointed out to Judge Jacobs that the girl was living at home and still in high school, hence 'un-emancipated'. Oregon law was pretty clear about eighteen-years-old being the age-of-majority, but less clear on set-age of emancipation. Legal issues arose when a child turned eighteen before they finished high school, but were still living under their father's rules and in their father's house.
Jennifer argued that living at home, still in high school, having no job, and no means of support until she finished high school meant the girl was, as yet, in point of law, un-emancipated. Un-emancipated equals 'not an adult'.
Judge Jacobs agreed.
Spencer's motion as drafted to release his defendant's assets, taken under Civil Asset Forfeiture laws, was objected to by District Attorney Riley. Riley's objection was sustained. Not entirely unexpected.
So, Jack Grant's law firm then made a motion to withdraw, based on financial incapacity to defend the client. He suggested assigning the case to a firm with more financial-muscle, since the issue of asset forfeiture alone would require an appeal to a Federal District Court based on the judge's ruling.
Judge Jacobs almost lost his temper; but, instead, brought the Deputy District Attorney Riley, Jack, and Jennifer up to the bench.
"Riley, do you want this conviction to stand?"
"Yes, Your Honor!"
"Then, he needs money to defend himself!" Jacobs replied, pointing out the obvious.
"We've seized his assets."
"No shit, Riley! Why do you think I called you up here?" Jacobs turned his attention to Jennifer. "Ms. Grant, can you defend the girl's rights? I mean, is there a financial hardship for your part of the firm?"
"We can defend. There's no hardship."
"Why?"
"Dr. Samantha Green and I have access to a foundation that covers costs for cases like this. It'll cover modest attorney fees as well."
Jacobs nodded his head. "Good. Thank you, Ms. Grant." He paused for a few seconds, apparently weighing what he had heard so far, then focused on Jack. "That brings us to you, Counselor! What have you got to say about your firm's financial hardship, regarding this case?"
Jack dug in his heels. "To defend this client, with anticipated appeals, will drive us into poverty. I would ask for the Court to appoint a Public Defender."
"Is that a motion?" asked the judge.
"Yes."
"Denied! God damn it!"
Cocking an eyebrow, the judge swung back around to Riley. "Riley. I don't like having my cases appealed on grounds, which I can prevent."
"Sir?"
"Are you going to release his assets?"
That's a fucking hint, Mr. Assistant District Attorney!
"Sir, I don't think ... "
Jacobs immediately cut him off. "What are the total assets in question?"
Riley thought and answered, "Approximately $531,098.75 dollars. That includes a house, two cars, a bank account with $43,200.15. It does not include a Public Employees Retirement Account worth approximately $387,285.00 at current value.
The judge turned to Jack. "Counselor, what are your firm's approximate costs for representing Paul Traynor? Include filing costs, fees, support staffing, and modest attorney fees. Something approximately the same fees as ... let's say, Ms. Grant, here. Just for the trial in my court, so don't include appeal-costs in your estimate. 'Cause there ain't gonna be no appeal!"
Jack thought for a moment. "Let's say approximately $25,000 depending on how many days the trial takes. No more than that, in any case, for the local trial. Could be less."
"Riley, god damn it!" Jacobs hissed.
Wake the fuck up, Riley! It is good to know the law, it's better to know the judge! Especially how he thinks.
"Sir?"
Fed-up with Riley's obstinacy, Jacobs decreed, "Jack, put your request before me again, with the cost-figure attached, as a motion to free forfeited-monies."
"Agreed!" Jack said quickly. "I make that exact motion."
"Objection, your honor!" Riley fired off immediately.
The judge leaned back. Then smiling, he stood up and walked from the bench towards his offices. "Play nice, boys and girls, I'll be right back. I need to wash my hands."
Riley spoke first, "Jack, you're an asshole." Riley's voice was low, but the Court Reporter lifted her head and stopped her busy fingers. The transcription halted, but the small recorder kept recording.
Jack nodded, "Yes, I am. Look, Riley, the reason Spencer wanted this case, in the first place, was your use of 'Civil Asset Forfeiture Law'. He believed, and I agree, it violates the ability of the client to be adequately represented. It denies him the right to an attorney. It makes a decent legal defense impossible!"
"I may lose the incest-abuse-child-abuse, whatever seamy things you choose to call this case," he continued, "But, in every likelihood, we'll prevail on the 'Civil Asset Forfeiture' piece in a higher court. That means, it'll get bounced back for a new trial. And you'll pay for the appeals, the bounce-back, and have to release monies for the next trial to whatever attorney who takes it. And you'll be responsible for putting the issue, which you and other Oregon District Attorneys and County Sheriffs use to fund county Law Enforcement activities, in jeopardy by taking it to an appeals court."
"Riley, you guys have already lost part of this power to the state initiative 'Ballot Measure 3', that the voters passed to handle the most egregious cases. Additionally, the state legislature acted as well with 'SJR-18', which became Measure 53. The remaining sliver of authority that you use, here in Oregon, is the money you get to keep. That's the 80% of assets, when it's a Federal charge. In this case, lets say, the charge of displaying his daughter on the internet on Skype. If the citizen, with assets, has done something arguably illegal, you may never even press charges; but, you still get to keep the money."
"Jack, you're a poor attorney," Riley spat out.
In response, Jack merely chuckled. "If you mean I have no money, you're right. If you mean I have a poor command of the law, then be my guest and refuse to release funds to my client."
The judge returned, using a white-cotton towel to wipe his hands dry. "Well, did you all have a chance to talk while I was gone?"
Riley's eyes lifted nervously. "Yes, we did."
"I see. So then, Jack, regarding your motion ... Let the record show that I ...."