Chapter 16

“Judge Garlock presiding, are we ready to resume Dawes v. Belkin?” “Ready, Judge,” said Rose.

“Where is Ms. Simmons?” asked the Judge.

Another lawyer stood, “Your honor, Miss Simmons has taken personal time. But we have her notes and copies of the exhibits. We are ready to continue.”

“Counselor, do you agree? I can dismiss without prejudice.”

“No, Judge, I give them leave to substitute for Ms. Simmons.”

“Moving on. Motions?” The new lawyer stood. “Motion to dismiss, insufficient evidence.”

“You’re kidding, right?” “Your honor, there were no witnesses other than the plaintiff, no physical evidence to identify Mr. Belkin. The plaintiff was unconscious for days before Mr. Belkin, Clay, was wrongfully arrested.”

The Judge was unhappy. “Hmph! I’ll hold my ruling in abeyance while we work on other questions. Next!”

“Our clients have already paid a substantial settlement to the Dawes family. The plaintiff, a minor at the time, blamed himself for the incident in the Boys’ Bathroom. This turned an already depressed and solitary teen into an indigent vagabond. My client is not responsible for the plaintiff’s mental instability, nor his estrangement from his family, nor his concomitant depression, your honor.”

Archie was rising from his chair, but Rose kept strong hold on his arm forcing him to stay down.

“OK, my turn,” said Judge Garlock. “First, I am renewing and extending the Temporary Restraining Order (TRO) for two years protecting all of the Dawes family from your clients.”

“Second, the assertion that the plaintiff has mental disabilities fails for lack of evidence. To confirm this, the plaintiff’s lawyer will obtain a full third party psychiatric workup on Archie and submit it to the court.”

“Third, victims of violence, including minors, have recourse against bullies, no matter how poor they may be. I count five attorneys at the defense table, simple mathematics suggests this case is costing Edgar Belkin a minimum of $1,500 an hour.”

“Fourth, this court takes judicial notice of the prior settlement, including Clay Belkin caught fleeing from a lawful arrest warrant.”

“Your Honor, we request our own Psychiatrist examine the plaintiff.” “Counselor, you will be given the name and qualifications of this doctor in advance. You may then file an objection, but a frivolous claim will not be tolerated. Your motions are all denied. We are in recess until Thursday at 10:30.