Bobby's Trial - The Verdict - Jenny's Life, Part 39

 As Bobby Drake faces the judge in the trial for the rape of Cassie Pendergrass, the most popular witness not in attendance is Martika Kelly. Jenny becomes concerned as she wonders what might have detained her friend, Is there some sinister reason Martika was unable to respond to the summons form Judge Parker?

Ninety minutes passed between the time the judge’s gavel sounded to end the morning session and the time it rapped on the wooden pad again to signal the official resumption of the trial. Judge parker’s expression was sterner than before, due to the amount of information shared with her prior to entering the chamber.

The information included the activities between Jack Pendergrass and Pete Pertovsky. The judge had told both attorneys how fortunate they were this did not occur while she was sitting on the bench or the trial would have been delayed as each party served a night in jail. But the matter than extracted the most ire was the news that Martika’s whereabouts remained a mystery. Judge Parker addressed this fact as she began the afternoon Session.

“I will ask once more if Martika Kelly is in the court room. Miss Martika Kelly are you present as requested by this court?”

Jenny knew her friend was not here, so she did not take the time to look. She had dialed Martika’s phone number multiple times, but only heard the now annoying recorded message instead of her friend’s live voice. Jenny began to worry at his point, not necessarily about what the judge would do to Martika if she ever arrived at the court house, but that some other issue was responsible for Martika’s tardiness.

“I will not waste another moment of this court’s time on this witness. If she appears she will have to deal with my anger and answer for her lack of respect to my court! Since she was a witness for both sides we will table her testimony until such time as she is found.

Ms. Graham, Mr. Toles we will continue. I ask the prosecution to call their next witness.”

“The state calls Cassie Drake.”

Cassie whimpered as her name was called. The prosecutor had spent enough time with her that he felt she was prepared to handle the arduous questioning sure to be presented by his opposite and he was going to try to snuff out every trail before he allowed the defense to have their shot at Cassie.

“Miss Pendergrass, counting the night in question how many dates had you been on with Bobby Drake?”

“One.”

“How many times had Mr. Drake asked you to go on a date with him?”

“Dozens,” Cassie said.

“Why so many times? Did you turn him down?”

“Not every time, we just never could get a day when we could do it.”

“So you were able to work things out for the evening of April 30^th of this year?”

“Yes. We went to the mall to see a movie.”

“Is this where you encountered Mr. Pertovsky and Miss Kelly?

“That’s right, in the food court.”

“Miss Pendergrass what relation are you to Miss Kelly?”

“She is my first cousin.”

“So you have a relationship of trust with her?”

“Yes.”

“She wouldn’t have let you come into a situation that was unsafe, if she had any indication about Mr. Pertovsky being a threat to you?”

Cassie did not respond immediately, because this thought met up with her realization that Pete was indeed the guilty party. She wondered why Martika would have let this happen. She sat silent for several seconds, her eyes darting around the room as if she was searching for an answer to why Martika did not warn her or try to do anything to prevent what happened.

“I’m sorry, what was your question again?” Cassie asked, feeling as though hours had passed since the question was asked.

“If Martika Kelly is your first cousin she would not have knowingly put you in harm’s way with someone who might try to take advantage of you, correct? I mean she would have made sure she was not responsible for you being the target of someone who intended harm.”

Again Cassie sat in stunned silence as the words found a disconnect with what she knew to be true about her cousin. Martika had always been trust worthy, to a fault really. There was never a time she could not be counted on to think of everyone else first. “Wait,” Cassie thought to herself. “That was true up until Pete Pertovsky came into her life.” Cassie’s eyes narrowed as she scanned the gallery and locked on to Pete Pertovsky.

Pete was oblivious to her stare until the prosecuting attorney saw her drilled in on something and turned to see what it might be. When Pete saw the balance of the court attendees looking his way he began to squirm. Finally in frustration he said only “What?”

“It was you! You are the reason she did not warn me!”

“Objection your honor,” The prosecuting attorney shouted over Cassie’s continuing address to Pete. “The witness is not answering the question I asked.”

“What have you done to her?” Cassie screamed now. “Why did she not tell me?”

Judge Parker slammed the gavel on the desk several times as she demanded order in the court. Cassie was no longer speaking, but she was crying hard as she looked back and forth at her parents and Pete.

“Mr. Toles, have you any further questions for the witness?”

“No your honor,” Toles replied.

“Ms. Graham?” The judge said waving her hand in Cassie’s direction.

“So following up on what Mr. Toles was saying your cousin would have warned you if you were going to be in danger right?”

“Usually, but not lately.”

“I’m sorry I don’t understand what you mean by not lately.”

“Ever since she started seeing Pete Pertovsky she has been very different. Not when she is without him, but definitely when he is nearby.”

Jenny saw the prosecuting attorney squirming as he listened, trying to decide if he could successfully offer an objection. The man remained in his chair for now, but was obviously uncomfortable with this line of questioning.

“Can you explain what you mean by this?”

‘Well she will not join the rest of our cousins when we run into each other if we are out and she is with Pete. She follows him around like a puppy dog and will not even speak around him.”

“Is this unusual for Miss Kelly? What I mean is she normally outgoing and free speaking?”

“Definitely!” Cassie said. “In fact she has worked really hard to get me to be less shy.”

“Miss Pendergrass has Martika ever shared anything in confidence with you about her relationship with Mr. Pertovsky?”

“Objection your honor!”  Toles said finally deciding he had a reason. Relevance?”

“You opened the door counselor. I want to explore the room! Overruled. Continue Ms. Graham.”

“Well we have had very few chances to talk. Pete demands the majority of her free time. I have asked her over several times and she always declines.”

“Do you go to her home to visit with her?”

I use to, before she began dating him!” Cassie said pointing at Pete. “When he is there I know there is no need to even try.”

“Are you saying he is controlling?”

“Oh yeah, he is a freak!”

“Your honor!” Toles shouted as he rose to his feet once more.

“Ms. Graham, let’s stick to the facts.”

“Yes, your honor,” Sally Graham replied.

Parker looked up as the doors to the court room opened to reveal a large group of people entering the already nearly packed trial area. She pushed the chair back so she could stand, an annoyed look on her face.

“What is the meaning of this?” Parker asked.

“Your honor I am Martika Kelly,” was the first words she heard from the group.

“Well, well, well. Finally you decide this court is worthy of your presence. How nice. Young lady I will be considering you in contempt of my court by delaying the proceedings due to your unwillingness to appear as requested.”

“But your honor…”Martika began to speak again.

“No, it is my turn to speak. Do you understand how the legal system works in the United States? It is a fundamental piece of the fabric of our nation. It is the method by which laws and order are enforced. However, unless people abide by the rules and tenets of the system it is only an institution and not a practical being.

While Parker continued on her rant Sally Graham was examining a leather bound book handed to her by a large man on Martika’s side. Jenny smiled as she realized it was Marcel Raymond and he would not be in this court room for this trial unless there was a very good reason. After leaning down to whisper in Graham’s ear, Raymond turned to Jenny, smiled and nodded.

While Jenny could not determine what Sally Graham had, she watched the woman’s face as she perused the item and became very interested as she saw the young woman’s face twist into a look of wonder, then one of shock and finally something she expected was her serious expression.

“Your honor!” Graham said.

“…If our forefathers had not assembled with such foresight and put together such a system we would never have survived some of the greatest tests in our country’s history. We would have murders, thieves and rapists roaming our streets every day!” Parker continued, determined to lecture Martika on the importance of her court.

Sally Graham continued to read the book she held as she tried again to get Parker’s attention.

“…For without the rule of law and the diligence of the courts to enforce the laws we would be in total anarchy. Anyone could do anything without fear of consequence. What kind of existence could we have in such a world?”

Martika stood in silence, waiting for the judge to have her say.

“Your honor!!” Sally Graham said louder than ever.

“WHAT IS IT MS. GRAHAM?” Parker shouted louder than ever.

“I have some new evidence that you will want to see.”

“First of all can you tell me who all these people are? You can start with the beast beside you,” Parker said referring to Marcel.

‘’Uh, well okay,” Sally said, uncomfortable with the judge’s annoyed tone.

“This is Special Agent Marcel Raymond of the Federal Bureau of Investigation!”

Jenny quickly focused on Pete as Graham announced Marcel and saw him stiffen with the knowledge that this was the agent that brought down his father, Oleg.

“F.B.I.!” Parker exclaimed. “What the devil do they have to do with this?”

“That is why you need to see this!” Sally said holding up the leather bound book for all to see.

“That is my private property,” Pete said as she rode from his chair and began to move toward the defense table.  “You cannot have that. Give it to me!”

After the earlier theatrics the amount of deputies and bailiffs in the court room had been tripled. Two of the six law enforcement representatives quickly moved between Pete and Sally Graham.

“How did you get that? Give it to me this instant. You cannot have that, it is my private journal!”

Graham stared at Pete as she moved around the table and walked toward Parker’s bench to hand her the book.

“You will see that this is indeed the private journal of one Peter Pertovsky,” Graham said returning to her spot beside Bobby who had a bewildered look on his face. “Inside are his exploits since he came to our city. You will find dated entries detailing how he targeted, planned and completed attacks on sixteen young women; seventeen counting Cassie Pendergrass and Martika Kelly!”

A mass gasp swept the court room when all heard Sally’s words. Several reporters jumped from their chairs and exited the room to file early stories about this new development.

“There is also a detailed description of how he has bullied, abused and intimidated Martika Kelly into helping him perpetrate these crimes!”

Martika’s head was lowered now as she waited to hear the next verbal barrage from the woman who just finished a ten minute lecture on the merits of the judicial system. Instead the judge softened her tone for the first time, sounding like a comforting motherly type.

“You poor dear! I cannot imagine what you have lived through!”

Martika slowly raised her head as she listened to the unexpected address.

“Your honor, we have not had a chance to examine the piece of evidence you hold. You cannot rule on it without giving me the chance to see it. Remember Bobby Drake is the one on trial here. Pete Pertovsky is not!” Toles said.

“Not at this moment,” Parker said. “Ladies and gentlemen I will need some time to examine the new evidence. Counselors in my chambers now! We will reconvene in twenty minutes. Bailiffs, I want Mr. Pertovsky detained until I have time to determine what is in this journal!” Parker rapped her wooden gavel and quickly exited again even as she thumbed through the journal.

Jenny enveloped Martika in a hug as she reached her, catching her friend off guard, but receiving a warm embrace in return. “Thank you!” Jenny said. She then turned and hugged Bobby who was still looking as though he had no clue what it all meant.

“I owed you!” Martika smiled. “You gave me my life back.”

“I owed you too,” Marcel said.

“Jenny?” Bobby said as he looked at his sister.

“Everything is fine. You are not going to jail again.”

Bobby blinked hard, and then the tears began to fill his eyes as he melted into his chair and repeated his emotional outpouring as he had at the psychiatric suite with his mother the day before. Tom and Daphne joined jenny at his side and Bobby leaned into his dad, wrapping both arms around his father as he continued to cry.

“Wow, this is like a television drama! “ Daphne said.

“It is real” Marcel assured her. “The Pertovsky’s are through bullying this city!”

No one had left the court room when Judge Candace Parker made her next appearance in the room. The woman had a solemn, sober look as she slowly made her way to her seat, finding her place and waiting for the assembled crowd to follow her lead.

Even before she began to speak she was nodding her head, trying to express the totality of her reaction to what she knew.

“I have seen and witnessed a lot of things in my thirty years in this practice of law. I have dealt with criminals of all types and flavors, those who have robbed, assaulted, raped and pillaged their victims. I have looked in the face of people that have disgusted me to no end, but in all my time I have never experienced the likes of the campaign detailed by this book,” Parker said as she raised the journal. “I have only presided over a case with one serial rapist and he was a kitten compared to what is documented here. I was sickened by what I read and I will confess I stopped after six examples. I cannot stomach the details of all that was done by the animal that kept this journal.”

Parker shook her head with her eyes closed as she tried to clear her mind of the images created from the journals words.

“Mr. Drake will you please stand with your attorney?” Parker asked in a pleasant tone.

Bobby had managed to regain his composure, but Jenny noticed he was shaking as he complied with the judge’s instructions.

“Based on what I have heard here I am confident you are not guilty of anything more than bad judgment. I expect you followed Cassie Pendergrass as you were confident her cousin was trustworthy. Therefore I find no reason to continue this trial and am recommending to the district attorney that the charges against you be dropped immediately.”

Bobby let out a hard breath, as if the wind had been knocked out of him and once more he flopped in the chair as tears began to flow again.

“Furthermore,” Parker said in a much harsher tone, “I am ordering Peter Pertovsky be arrested on seventeen counts of assault and at least two counts of rape. I assume the young women that accompanied Miss Kelly and Mr. Raymond are the victims who will testify at Mr. Pertovsky’s trial?”

“Yes your honor,” Sally Graham nodded.

“So it will be. Mr. Drake you are free to go!” the gavel banged a final time and Parker stood to leave. She hesitated as she saw the family converge on Bobby. A smile found its way to her lips as she watched them express their relief and joy.

For the better part of a half hour people milled around the room discussing what they had witnessed on this day. Bobby remained in the chair, unable to accept the fact that his nightmare was finally over. Jenny made the formal introductions of her father to the Kelly’s and Marcel, who complimented Tom on Jenny’s strong character.

“Yes, you have seen something that even I have not realized,” Tom admitted.

“If not for her, this would have gone very different,” Marcel said. “Were Oleg still free I am sure we would have been stymied when we served the warrant.”

“It is like I told Mr. Pertovsky,” Jenny said as she slid her arm around Martika. “My family means everything. You are part of that now, like it or not!”

“I think I am going to like it,” Martika said.

“I need to call mom!” Daphne said.

“Yes,” Tom agreed. “Let Bobby tell her.”

“Where is he?” Daphne asked.

Each of them turned to look for him and they stopped looking when they realized he was over in a corner speaking with Cassie and her parents. There seemed to be an understanding exchange and Bobby spoke directly to Cassie who reached out and took his hand and nodded as she smiled.

Bobby returned to the huddle with his first smile in almost two weeks. He eagerly followed Daphne out of the court room when she relayed her intentions. Jenny smiled as she saw the carefree version of the brother she loved returning.

“Well I guess the next big thing for you two is graduation huh?” Martika’s mother asked.

“Yeah. Mine is tomorrow, will you come?”” Martika asked.

“If you will come to mine on Wednesday.”

“Sure, sister!”

 When I pulished the first chapter of Jenny's life on April 26thof 2010 I had no idea what an amazing journey I was beginning, I have had the pleasure of meeting some really fine writers and developing some new fans of my writing. This alone is certainly worth the effort to deliver a story that engulfs my reader's imagination and draws them back to find out what happens next.

I want to thank those of you who have become fans not only of this serial, but of my writing. I cannot tell you how much your encouragement and thoughtful comments buoy my confidence that I have gotten the formula right, I want so much to be an inspiration to other writers as they try to find their place at Hub Pages.

Please come back to read the final chapter as I have not totally finished with the surprises. It may be true the climax has occurred, or is it really?