Chapter 15

Rose was wearing her lucky suit. On the bench was Judge Philip Garlock, by reputation a fair jurist, if short-tempered. Aren’t they all cranky? The preliminaries completed, she stood and addressed the court. “Rose Fitzgerald for plaintiff Dawes, Judge.” Her opponent stood, “Constance Simmons, for the Belkins. Motion to dismiss, with prejudice, Judge; you have our written motion.”

Rose stifled a grin. “According to their motion, the Belkins settled with my client’s minor sister, and her mother. Our pleading today is for Archie Dawes. The evidence will show Archie was gravely wounded by Clay Belkin on the same day.”

Simmons was caught off guard. “Anything further?” Garlock growled. “No, Judge; may I have a recess to consult with my client?” “No, counsel, motion denied.” He banged the gavel. “Thank you, your honor” said Simmons, automatically. (Mostly for a jury’s benefit, lawyers were trained to give thanks even for adverse rulings. The inexperienced attorney had not thought about being before only a judge.)

“Are you ready to proceed, Ms. Fitzgerald?” And the paper chase was on. Rose submitted into evidence the descriptions and statements in the settlement papers, along with pictures of Jessie’s mangled earlobe and the welt across Cathie’s back, her torn blouse, and Jessie’s bloody clothing. Simmons stood to object: “Irrelevant, uh, inflammatory, Judge.”

He waved her away. “If it’s irrelevant, how could it inflame me? You’re trying my patience instead of the case, Ms. Simmons. Sit down, please.”

“I’m going to review this evidence more closely. We’re back in ten minutes. Bang!” Simmons left the courtroom phone in hand.

“And, we’re back. Please continue, Ms. Fitzgerald.” Simmons jumped up. “Your honor?” “Counsel?”

“We request a continuance. My colleagues can be here in the morning to assist... “ “Plaintiff, are you ready to move on, or should we wait for more lawyers?”

Rose stood straight. “Belkin can send a bus full of lawyers against li’l old me, I don’t care. But you probably want to just get on with it, right, Judge?” “Correct, continuance denied.” He banged the gavel. Simmons raised her hand. “Sit, you,” he grumbled.

Rose confidently resumed her narrative. Soon the court heard a vivid retelling of the brawl in the bathroom. Instead of a traditional summation, Rose turned to a large easel beside her table. “I’m sorry, Judge, there’s no other way to illustrate my case. Dr. Barbara Winslow of County Medical Center has certified these photos as accurate, and I request they be marked into evidence as plaintiff’s exhibits six through ten.”

“So ordered.” Simmons studied the backs of her hands.

“This photo was taken at the scene by the school’s Resource Officer. Archie Dawes was unconscious and his body had not yet been touched. It was about an hour after the attack. His face was thrown against the tile walls leaving blood stains as his nose and eye socket were broken. You can see how the blood pooled over his left eye.”

Simmons studied the palms of her hands.

“The next photo shows Archie in the operating room. His clothing is removed and you can see some of the blood has been rinsed from his face. A severe concussion had been diagnosed. The blotch on his chest was from a kick that broke a rib. As yet, his lungs were still inflated.”