***** Writer's note: This is one of the few chapters in the story that has no overt sex. It is seductive, romantic, and at times sexy but no actual sex. It is none-the-less essential to understanding the two stars of our story, Nikki and MacKenzie and their friendship. Nuff said ... enjoy!
COWGIRLS
"All rise, for the Honorable Judge Jethro Jacobs."
The trial was finally at hand. Jack and Paul Traynor sat at one table. Jennifer, Dr. Sam, and Chelsea had their own table. There was no jury.
The DA was outlining the case in 'opening remarks'. Pretty much the same litany as the charges, it relied heavily on the evidence of the 'time-stamp' on the VHS cassette tape.
When DA Riley finished, Jack stood and quickly reviewed some notes he'd made. He cleared his throat. "Your Honor, I'd like to move for a dismissal."
"Objection, Your Honor!" It was voiced in stereo as both Jennifer and Riley leapt to their feet, shouting over one another. Through it all, Jack merely smiled.
I guess that got everyone's attention!
Pissed as hell, Judge Jacobs pounded his gavel until they settled back down into some semblance of order. He turned to Jack. "Excuse me, Counsel. Exactly what would the legal justification for a dismissal be?" he demanded curtly.
Jack cleared his throat again. He didn't necessarily like what he was about to do; but, he had a client to defend.
One of the difficult things about lawyering in a small town is everyone takes things personally. Even a court case. And, even if the case was 'assigned' to you.
"God damn it, Grant, spit it out!"
"First, my client stipulates to the content of the video. It is, indeed, sex between him and Chelsea. Second, my client declares--in a sworn affidavit--that he has no recollection of the last time the clock on the VHS recorder was actually set. That would render any time-stamp of dubious reliability. This VHS version of video technology is not automatic; it requires someone enter the time. He categorically denies he ever set the clock."
Jack looked around. Jennifer was turning red with apoplexy; and, clearly, the DA was seriously concerned about his best piece of evidence.
I've got their attention. Now, what do I do with it?
He cleared his throat again. Looking at Chelsea, then at her father, he tightly shut his eyes for a minute.
This one is gonna piss everyone off! But, I can't figure another way to defend him.
"Is there more, Jack?" Judge Jacobs was none too happy about how the case was going; but, he realized that he'd forced Jack Grant take the case.
And Jack's a very solid attorney. He's representing his client.
Jack spoke, "Yes, Your Honor, the case needs to be dismissed on a point of law!"
Here we go!
"A point of law?"
The fuck you say!
"Yes! A point of law, even if my client stipulates that the clock is accurate. In other words, even if the DA's evidence is rock-solid--which it's not, but even if it were--there's a problem with the charges."
Jack went on, "The law, in Oregon, reads in a common-sense fashion. Legally, Oregon citizens can drink on their twenty-first birthday. Purchase a package of cigarettes and smoke on their eighteenth birthday. Get a driver's license on their sixteenth birthday, and can cast a vote on their eighteenth birthday. 'Birthday' is simply understood in its common usage. The day of your birth."
Jack looked around at everyone. Their eyes told the story.
They're still clueless. They don't see it, yet.
"Your Honor, will you allow me to clarify?"
"By all means, Counselor. I, for one, haven't got a clue where you're going with this."
"Thank you. Here is what I am trying to get at. No official ever asks you for the hour and minute of your birth when you want to do any of the things I just listed."
"We don't have to wait till the exact hour and minute of our birth to have our first drink. We don't have to wait till the hour and minute of our birth to take our driver's license test. We don't have to wait till the exact hour and minute of our birth to cast our first vote."
"And, on the day or your eighteenth birthday, when you wake up that morning, you're an adult. Not after the birthday party, not after the hour and minute of your birth. You wake up an adult."
"Chelsea Traynor was eighteen on the morning of her birthday. She was still eighteen that evening at 9:23 p.m. She was an adult as a matter of law."
Eat shit and die, Riley. Don't ever call me a 'poor attorney', fucker!
The judge pursed his lips, thoughtfully.
Jesus, Jack, I gotta hand it to you. That's a nice defense!
Christ, it might even be a winning defense.
Then he leaned back in his seat, studying the District Attorney. "You know, Riley, this does raise serious issues with your string of charges. What's left?" Jacobs asked.
Riley racked his brain. "Incest!"
"Rape!" Jenifer couldn't help herself.
"The video looks pretty consensual," Jack interjected.
At least, it is 'arguably' consensual.
Riley rubbed his forehead.
God damn it, this isn't what I wanted.
Chelsea broke down, "No!" Her tears started flowing freely. Jack had to look away.
Jennifer was on her feet. She was talking to the Judge, but she pointed at Jack, "Objection, Your Honor! My client did not consent; she never consented. God damn it, Jack, you asshole!"
Gaveled into silence by Judge Jacobs with a threat of 'contempt, if you don't shut the hell up!', Jenn plopped back down. Her eyes never left Jack's.
"Attorneys, approach the bench."
Jacobs lifted his glasses from the bridge of his nose. "I think we all need a break. You guys need to hammer out an agreement as to how to proceed. Be back in two hours. Before you go, let me be clear on one thing. I'm not sitting here for a trial of incest that makes that young woman a ...? Fuck! What the hell's the word?"
"A co-conspirator--or a defendant like the dad--to the charge of incest," Jack replied, simply stating what Riley was loathe to say.
Hell, none of us want to say it.
Riley was defeated. "I'll dismiss charges before I'd put her on the stand, not as a witness, but as a defendant.
"Damn it, Riley, you can't dismiss the charges against that fucker!" Jenifer blurted.
That smug fucker is guilty! We cannot let him walk!
"Language, Ms. Grant. Watch that mouth!" the judge warned.
Actually, I agree!
Fearing he already knew the answer, Riley asked, "Jennifer, will she testify against her dad? Will Chelsea say it was rape?"
If she doesn't, my case is so screwed.
"I don't think she's strong enough to stand up to him."
"Well, boys and girls, this is a fucking mess!" the judge opined.
I'm gonna need more than water to wash my hands of this! This case may just require alcohol to clean my hands. Kentucky bourbon might just do the trick.
Everyone in the court got rather somber, as what was happening finally sunk in. Jack thought a second, stepped closer to the group and quietly asked, "What if my client stipulated to the incest charge, and requested mercy or leniency from the court? Meaning therapy, instead of jail time; I'll have to think about the exact wording."
Riley entered the fray again. "I'm not just dropping the rape charge!"
"It was consensual!" Jack insisted, physically wincing as Jennifer let loose.
I should probably duck about now!
"Fucking men!" Jennifer exploded. "It was not consensual! She was not emancipated. The court emancipated her. She lived in his home. He's her father. You know, father/authority figure?! How do you tell your own father, 'No!'?"
Jack frowned, because he damn-well knew where that rage was coming from. But, he had one more card to play. Jack calmly laid the card on the table he'd been holding back. He looked first at Riley and then at Jennifer, but he spoke to the Judge, "What would everyone say to 'Statutory Rape'? Then you don't have to prove consent, because she's incapable of giving the consent."
Think about it, everyone! If the Judge just emancipated her, then legally, she was an unemancipated minor; hence, statutory rape would still apply even though she was eighteen.
Everyone looked at Jack Grant. It wasn't a stunned silence, but there was surprise as each one thought it through. All reached the same conclusion.
Fuck me, that actually might work!
Sometimes, the Law actually accomplishes something approaching Justice.
Jennifer blurted out, "You asshole!" But Jack didn't miss the fact that she was smiling as she said it.
Never one to let an opportunity to put someone he considered 'bad' behind bars, Deputy District Attorney Riley pushed Jack. "Okay, Counselor, here's the deal. If he pleads guilty to 'Statutory Rape' and 'Incest', I'll ask for only six months jail time for the Statutory Rape charge. I'll ask for five years for the Incest charge."
"Not going to happen, Riley," Jack fired back, turning to walk away.
He had a hand on Jack's shoulder before Jack had moved two-feet, "Hear me out. Five years of court-supervised probation, with required Mental Health counseling."
Jennifer added, "Chelsea gets counseling, if she wants it, and 'Daddy' pays for it! Additionally, the restraining order, keeping him away from her after the six months, gets extended."
