Bobby's Trial Begins - Jenny's Life Part 38

The rape trial of Bobby Drake begins as Bobby and Cassie Pendergrass are reunited for the first time since the fateful night at Pete Pertovsky's house. Jenny worries about Bobby's state of mind as they ride from their home to the court house. She also wonders what can happen to save her brother from being convicted of a crime he did not commit.

Jenny turned to look at Bobby who stared silently out the window no doubt pondering his future as they rode in silence to the Prentiss County Court House for the beginning of his trial. On the whole few people who really knew Robert Drake believed he was capable of the kind of crime he stood accused, but that opinion mattered none to the legal system who required someone be punished for the heinous act.

Jenny wanted to talk, but knew no worlds would help at this moment. Only when he was with Kyla the day before had he shown any emotion about the entire ordeal. Jenny had wondered if it was male bravado or something more, but felt like the answer revealed itself when Bobby saw his mother was getting strong enough to handle his weakness since hers seemed to be receding.

Tom caught Jenny’s eyes in the mirror as she looked over at Bobby as if to direct his attention to how quiet the boy was. Tom frowned, knowing his son was afraid he was going to spend time in jail for something he did not do. While they had no personal experience with anyone falsely convicted that was exonerated years later after new evidence came to light, the mere thought turned his stomach.

“Bobby, we will beat this. You have to believe justice will prevail.”

Bobby drew in a long breath, making all in the car think he was going to speak, but here barely shook his head and let out a long sigh instead. No one could imagine how he was feeling was his thought, and there was nothing really to say. The truth would be clear soon enough he felt.

The Drakes were amazed at the amount of media collected around the front of the court house. Three satellite trucks were parked nearby and at least a dozen camera men began to mount their shoulder carried units as they realized who was approaching the entrance. A small contingent of county deputies attempted to form a barrier between the press and the car, but they were quickly overwhelmed.

The situation was one no one was ready for as Tom forced his door open, pushing people away from the car so he could exit.

“Back away so we can get out of the vehicle!” he said in a harsh tone.

“Will your son offer any explanation for what happened?” a reporter shouted at Tom. He ignored the words, moving toward Jenny’s door to open it with Bobby and Daphne pushing against their doors in an attempt to replicate their father’s tactic.

Wading through the phalanx of press members, Tom saw their lawyer waiting at the top of the stairs, a concerned look on her face. The woman was about Tom’s age, a college friend who had come to this county almost a decade before and knew very well the tendencies of the judges in the area. They had been comforted knowing that the judge to adjudicate Bobby’s proceedings was regarded as one of the more lenient in terms of first time offenders. If no positive options came out of the trial they at least hoped for a suspended sentence and probation.

The woman waited until the Drake family exceeded the protection of a group of deputies permanently assigned to the courthouse who had more authority to contain the press before she began to speak in a hushed, yet urgent tone.

“I got some bad news moments ago. You know we had Judge Cramer for this trial; the one I said was our best hope? Well that just changed. He was rushed to the hospital less than an hour ago with a kidney stone. The man is in agony at the emergency room I am told.”

“Does that mean the trial will be postponed, “Daphne asked hopefully.

“Sometimes,” the lawyer responded, “but not this time. There is some major pressure to get this done. We get another judge.”

“Do you know who?” Tom asked.

The woman shot him a quick look that made him know she did and was hesitant to answer the question; at once a very bad sign.

“It is Judge Candace Parker. She is one of the strictest judges I have ever known on crimes of assault or rape. She always tends to push for the longest possible sentence. She is a major believer in the guilty serving all of their time.”

“Then that won’t be a problem,” Jenny said. “Bobby is innocent so the guilty one should have to pay the price.”

“As you know the burden of proving Bobby is innocent falls on me. Right now I don’t have a lot to work with. I am hoping something comes up in the testimony I can work with.”

“Will Cassie Pendergrass testify?” Jenny asked.

“I expect so, why?”

“There is something she told me that could be key.”

“You talked to her,” the lawyer said.

“Yes. She came to a review session for a math exam at school that I led.”

“That complicates our job. I cannot use anything she says as the prosecution can raise the doubt that what she said was influenced by her interaction with you.”

“Are you serious?” Jenny said.

The woman stared unblinkingly at Jenny, not sure how to answer such a teenage question. She was always serious about matters of the law, something she knew this girl could not possibly understand. Her unwillingness to change her expression, rather stern by all accounts considering the situation they were in presently convinced Jenny of the serious nature of her casual conversation with Cassie.

“So what is your plan,” Tom said, rescuing his youngest daughter.

“I am going to have to work to find something we can use to refute the prosecution. Maybe something will shake out this morning,” the lawyer said as she pointed toward the court room as people began filing in after the bailiffs opened the doors.

“What if it nothing “shakes out”?" Daphne said making air quotes when she said the words.

“If that is the way things go, we are not going to be here long,” the lawyer replied.

Bobby shifted uncomfortably in the chair from the moment he sat down to await the beginning of the trial. His agitation increased noticeably when Cassie Pendergrass, flanked by her parents entered and took a seat at the table to the left.  Even with his lawyer to his immediate left and the prosecutor for the Pendergrass family, Bobby felt shame even though he had done nothing wrong.

Cassie kept her head down, looking at her hands which were tightly clenched in her lap. Jenny looked at the two innocents in this case, and then searched the court room for Pete Pertovsky and Martika Kelly. It was her understanding that Pete was still considered a witness and should be here. She wondered where Martika was, but her attention was drawn to the front when the bailiff commanded all to rise for the entrance of the judge.

A serious looking woman in her early sixties entered the court room for a door in the left corner and made her way to the seat reserved for her as the official that would lead these proceedings. There was no kindness in the expression of this member of the law enforcement system. She was here to dole out a hard punishment for a horrible crime. She stared at Bobby for several seconds, causing him to drop his head and his gaze as he felt the embarrassment.

“I think it is a bit late for remorse now, young man!” the judge snapped.

“Objection!”  Bobby’s lawyer shouted as she erupted from her chair.

“Objection to what or on what grounds?” the judge asked incredulous.

“I believe it is very obvious from your last statement that your are prejudiced to my client and have already determined his guilt!”

“Ms. Graham, I will instruct you to save your histrionics as I am in no mood for tomfoolery. We are her e in the matter of the state versus Mr. Bobby Drake. Young man, are you Mr. Drake?”

“Yes Ma’am,” Bobby said, his head still bowed slightly.

“I expect you to look at me when you speak!” the judge said with equal harshness as before.

“Your honor!” Sally Graham said as she stood again.

“Ms. Graham, you should have warned your client about my minimum expectations.”

Your honor I only found out you were the presiding judge moments ago. I have had little time to prepare my client.”

“Well, I suggest you do what you have to now to suit my desires.”

Jenny was on the edge of her seat for the next hour as both sides presented their opening statements, each taking nearly twenty minutes to detail the reasons they thought would show why their case was correct. She continued to look for a sign of Martika Kelly, realizing quickly that her corroboration of Bobby’s assertion he was with her would be a key matter to prove.

This would be highlighted as a crucial point in the case when Pete Pertovsky’s name was called as a witness for the prosecution. Jenny surveyed the court room again quickly, but there was no Pete. She locked eyes with him though as he entered the door in the rear of the court room.

Pete changed the smile he carried into the court room into a menacing scowl when he realized it was Jenny who was staring at him. Here was the girl that had helped bring his father down and he would do whatever it took to make her brother be found guilty of this crime. Pete continued to stare at Jenny even as he was seated in the witness chair.

“Okay Mr. Pertovsky, tell us what happened on the night of April 30^th,” the county prosecutor asked.

“My girlfriend and I were at the mall and we ran into Bobby Drake and Cassie. We asked them if they wanted to join us, actually Martika did since Cassie is her cousin. They did and we wound up at my house about an hour and a half later.”

“Then what happened?”

“You know we started to have a little fun.”

“Can you describe what you mean by fun,” his lawyer asked.

“You know, what young men and women like to do when they are alone with no parents nearby.”

Jenny noticed Judge Parker was becoming agitated with Pete’s playful banter as he resisted the question by hinting at what happened.

“We need you to put it in to words,” his lawyer said equally annoyed with his display of disregard for the direct questions.

“We enjoyed a game I created where you turn off the lights and find each other in the dark. Whoever you find is your partner.”

Gasps filled the court room as many people did not know this detail about that night. Suddenly Judge Parker’s face became red as her temper began to show with the full impact of the words from Pete Pertovsky.

“So who did you pick in this game?”

“The same I always pick my girlfriend Martika Kelly. That means that Mr. Drake had to have selected Cassie Pendergrass, the young lady who was attacked that night.”

“What can I say? I know how to treat a lady and apparently he does not.”

“Objection your honor!”  Sally Graham rocketed to her feet again with this obviously prejudicial statement flowing from a smug Pete Pertovsky.

“No further questions, your honor,” Pete’s lawyer said as he realized his runway was gone with Pete’s attitude.

“Miss Graham, I suppose you have some questions,” Judge Parker asked.

“Yes, your honor. Mr. Pertovsky, how many times have you engaged in this game, what is it you call it?”

“Date tag,” Pete said proudly.

“Date Tag,” Sally Graham said. “You said the lights are turned out so that no one knows where anyone else is?’

“That’s right.”

“So it is possible that you were the one that “tagged” Cassie Pendergrass, led her to a bed room and proceeded to rape her!”

“Objection your honor,” Pete’s attorney shouted.

“On what grounds?” Parker asked.

Only silence as Sally Graham continued. “I ask again Mr. Pertovsky how many times you have engaged in this game.”

“I don’t know, a few times.”

“Would you say 10, 20, maybe 30 times, just how many over your lifetime?”

“I guess I would say 30-40 times maybe,” Pete said.

“Do you consider yourself good looking?” Sally asked.

“Well, you tell me,” Pete said, looking at her as if he was assessing her looks.

“Your honor, can you instruct the witness to answer my question?”

“Young man you are treading on thin ice with me,” Parker said firmly as she leaned toward Pete to emphasize her words. “Answer the question with only the words we need to hear.”

“Geez, okay! Yes, I feel like I am the best looking guy my age you will ever see. The girls think that too.”

“So you like it when a new girl takes notice of your looks, am I right?”

“Of course.”

“I see,” Sally continued. “So you expect us to believe if you had a very attractive girl like Cassie Pendergrass in a position where you could choose her to explore your options you would always pick your girlfriend Martika Kelly?”

“Ask her, she will tell you I was with her when she was attacked,” Pete said pointing to Cassie, who had a look of horror on her face as she realized at that moment just who really had attacked her. Something about the words he said triggered a memory of the night, something she had repressed until just now. Cassie turned to look at Jenny her face still full of fear.

Jenny was looking at Pete, but noticed that Cassie turned and looked her way. When she turned her attention to Cassie she saw her mouth something. She watched her lips carefully and saw her mouth V, V, V. Jenny’s fingers dig into the seat in front of her when it registered what Cassie was trying to get her to understand.

“Your honor, it seems this Martika Kelly holds the key to both cases,” Sally Graham surmised.

“I agree counselor. Is Martika Kelly in the court room?”

All in the room turned to scan for any movement by Martika, but those who knew her also knew she was not in attendance this morning. Jenny wondered where in the world her new friend could be.

“Miss Martika Kelly, parents or legal guardian are you present in my court room?” Judge Parker asked.

“I see Miss Kelly managed to appear on each of your lists for a witness, “Parker said to the attorneys. “See if one of you can locate her and get her here for this trial by the time we reconvene at 1 PM. If necessary tell the young lady I am compelling her to appear or face contempt charges!” The judge rapped on the wooden pad intended to absorb the force of the gavel when she used it and exited the room without another word.

Jenny watched Cassie immediately turn to her parents and tell them what was new about her thoughts concerning the actual identity of the attacker. There was a flurry of discussion as Mr. Pendergrass pulled the lawyer into the huddle.

As Pete Pertovsky walked away from the witness stand he allowed his curiosity at the discussion to draw him into the scene. When he approached the Pendergrass family Jack Pendergrass, Cassie’s father lunged for the young boy and they went sprawling across the table where Cassie had sat moments before.

Two of the bailiffs still in the court room rushed over to work on separating the angry father from the young man her daughter now knew was responsible for her pain.

“What is your problem dude?” Pete said as he tried to straighten his clothes.

“If I get my hands on you I will make you pay!” Jack Pendergrass shouted as he struggled against the court officials who drug him toward a side door.

“You are crazy! He is the one you want,” Pete said pointing toward Bobby.

Everyone was herded out of the room by more deputies who joined the two bailiffs to assure there was no more extra- curricular activity. Once everyone was outside the room Jenny dialed the cellular number of Martika Kelly, trying to find the girl so she could determine why she had been absent. The phone rang several times, finally returning the voice mail message. Jenny left a small message telling Martika to call her immediately.

Sally Graham and the county prosecutor conferred as they laid out a plan to do the same thing Jenny was attempting, to locate the most popular witness not currently in attendance, one Martika Kelly.

“Now what?” Daphne asked for all who wondered just that.

“We go to lunch and wait to see if they can find Martika,” Tom said.

“Can I have the car? I am going to her house,” Jenny said.

“No, you are not!” Tom said.

“I saw the look that Pertovsky boy had in his eyes. He will probably try to get to her before the lawyers do. You will stay with us until all this is done.”

“I have to protect her,” Jenny said.

“You cannot,” Tom replied. “It is not your job! Let her parents do what they should have done all along!”

“Did you not read any of that article yesterday? Pete Pertovsky’s dad had him over a barrel in such a way that he could not do that.”

“Yes and that man is in jail, which no longer keeps the Kelly’s from doing what is necessary to protect their child!”

“She was not in the court today. I think there is something going on,” Jenny said.

“Whatever it is, it will go on without you involved. There is no discussion Jenny, you stay with us!”

Jenny let out a frustrated sigh as she gave her dad with an unbelieving look.

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But I can offer another long form serial to satisfy you need for a thrilling ride through the annual gathering of a family at their family lake house. In my second serial, The Family Secrets, the DeMarco family continues a decades old tradition of a two week vacation where everyone has a chance to reconnect and share their lives.

This year though the sharing is guarded as it seems practically every adult has some profound secret they are seeking to conceal from the rest of the clan. The most shocking may be the faltering marriage of parents Cy and Elaine, days short of their 50th wedding anniversary. Come along as the events draw everyone closer to admissions that could alter the family forever.

 If you are a series long fan of Jenny's Life you know there is only two chapters remaining. I hope you enjoy the direction I go as i draw this story to a close. I promise to keep the drama pulsing as we finish this tale. Thanks for reading and being faithful with your comments!