Galactic Axia Adventure 1: Escape to Destiny (17 page)

Agnes showed everyone to their rooms and went to bed. Sherry suspected that Agnes needed someone, so she quietly let herself in to comfort her old friend. Delmar went out to check the farm buildings and stock while Jake used the telephone. Calling a few fellow ministers, Jake inquired about their experiences with the social agency and the courts. While they talked, an idea formed in his mind, an idea of how to handle the court in the morning.

∞∞∞

The morning weather was beautiful outside the windows of the courtroom but the banging of the gavel brought everyone’s attention back inside. The presiding judge called the parties forward and saw that along with Mrs. Hassel and the trooper lieutenant, there now stood a trooper chaplain in full dress uniform with major insignia on his collar. Trooper chaplains were rare enough that the judge had trouble not staring at the combination of rank insignia and a clerical collar together. The two attorneys also noticed the change.

“Mrs. Hassel?” asked the judge. “Who is this gentleman, and why is he here?”

“This, your honor, is Trooper Chaplain Major Jake Sender,” she responded. “He is here to represent Mr. Hassel in the petition proceedings. He is temporary foster guardian of Delmar Eagleman and as such has legal standing in these petition proceedings.”

Jake was pleased that Agnes had gotten through the prepared speech flawlessly. These last two weeks had been hard on her.

“Major Sender, please approach the bench and present your credentials as substitute petitioner,” the judge called.

 Jake approached the bench and handed the bailiff his service reactivation papers, along with copies of his ordination and the court decree concerning his status with Delmar. He also included Robert’s latest medical report. The judge reviewed the papers and handed them to the court clerk for copying and entry into the court record.

“Your honor, we object,” interjected one of the social agency lawyers. “We insist that the original petitioner be present or the case be dismissed.”

“Objection overruled,” the judge answered without looking up. “May I remind counsel that I have previously ruled a petitioner representative may assume the case in light of Mr. Hassel’s continued disability?”

Turning back to Jake he said, “I find all your papers in order, Chaplain Sender. You may represent Mr. Hassel in these proceedings.”

“Thank you, your honor.” Jake retrieved his papers from the clerk, who had finished copying them.

As was normal in such proceedings, the social agency opened with their rebuttal to the already presented petition. The first attorney for the agency began by stating why the petition should be dismissed. Referring to the law concerning the designation of guardianship, he attacked the petition based on failure to address either of the two exception clauses.

Hearing this plan of attack, Jake smiled and bid his time. The attorney brought forth the agencies own reports concerning the suitability of Dorn to continue as guardian of his brother, Delmar. Adding to the preponderance of papers, he then entered the agency report concerning the interference by the Hassels. Again, Jake smiled. Concluding his statements by reiterating the agency’s assertions, the lawyer finally sat down.

The judge then called the petitioner representative to present their petition and any objections to the rebuttal. Jake rose and stood before the bench.

“Your Honor,” he began, “the petition is already recorded in the court record, so I will summarize it. The petitioner requests that the designation of guardianship of Delmar Eagleman be reviewed in light of events that transpired in recent months. The petitioner is aware of the limitations of the law, but in light of the Imperial Directive, asks that reconsideration of the suitability of Dorn Eagleman as guardian be reviewed. In light that these proceedings are happening at all, and that the social agency is defending its original assessment concerning guardianship when the law would normally cause the petition to be dismissed, strengthens our argument that there is sufficient cause and grounds for the court to entertain our petition.”

The courtroom erupted in murmurs and the lead attorney rose and objected to Jake’s assertions. The judge gaveled the courtroom quiet and overruled the objection.

“The court recognizes the assertions of the petitioner and rules that they are sufficient to support the petition,” the judge announced. “Petitioner, please continue.”

“Thank you, Your Honor,” Jake said. “As petitioner representative, I would also bring to the court’s attention that the agency has submitted prior testimony and rulings as precedent to its request for dismissal. In as much as the court admitted such testimony and the cited reports, the petitioner requests that equal strength and stature be granted to any prior testimony or rulings we may wish to cite.”

Again, the courtroom was abuzz while the lead attorney strenuously objected. After gaveling the room to silence, the judge leaned back in his overstuffed chair and thought for a minute. Turning to his monitor of the court record, he reviewed the opening statement of the agency counsel.

Finally, he turned back and faced the courtroom. “It is the opinion of this court that the petitioner will be granted the same right to cite previous testimony and rulings that the agency has been given by the admission of their arguments into the record. The objection is overruled.”

The courtroom again erupted and it took the judge several tries to silence it. Order restored, the lead lawyer requested permission to approach the bench.

“We request a recess until this afternoon in order to consider the petitioners position and secure needed records and witnesses.”

“Does the petitioner representative have any objection?” the judge asked.

Jake was perplexed by the tactic of the agency but could find no solid reason to object to the delay. “No, your honor,” he answered. “We have no objection if the petitioner is granted the same privilege.”

“Granted,” agreed the judge. “This court is in recess until two o’clock this afternoon.” He pounding his gavel and left the room.

∞∞∞

Gathered around the conference table at the liaison office, they began to plan their strategy for that afternoon. “I was surprised the judge accepted their use of prior testimony and precedents,” the liaison lieutenant said.

“I was hoping he would,” Jake replied. “I know it goes against Axia law, but by opening it up in court, it allows us to fully examine their records and challenge their assessments.”

“What about your argument that their objection to our petition grants us legitimacy?” Agnes asked. “Wasn’t that rather risky?”

“Yes, it was. But I had to discern the playing field of the court. By admitting their objections, they leave themselves open to the suspicion that they have something to hide. As the poet said, ‘Me thinkest they protest too much.’”

“What do you think they’re up to with this recess?” the lieutenant asked.

“I think for one they’re buying time,” answered Jake. “For another, I think they’re going to put Dorn on the stand to parrot their pretty lines.”

“How do you plan to deal with it?” Agnes asked.

“By fighting fire with fire,” answered Jake. “I might put Delmar and you on the stand.” The group became quiet as they all looked over at Delmar who had remained silent so far.

To break the tension, the lieutenant said, “It would help if we had some of the local police officers ready to testify. I can contact the chief and get him to release those men.”

“Good idea,” answered Jake.

“Speaking of good ideas,” Agnes interjected. “I think we should break for lunch.”

Agnes, Delmar, and Sherry drove to the hospital to visit Robert while Jake stayed at the office to make calls. Checking in at the nursing station, they learned that Robert had become more restless and was showing signs that he was coming out of the coma.

When they entered his room, it was obvious what the nurses meant. The sound of Agnes’ voice caused Robert to stir even more, and he began to moan. Agnes talked to him but he was still too deeply comatose to respond to her voice.

The judge gaveled the court to order at exactly 2 o’clock. Jake noticed the agency lawyers had indeed brought Dorn to court. The man looked terribly hung over. Sitting behind Agnes were the police officers that had been involved in the disturbances weeks ago, both at the Eagleman farm and later at the Hassel’s. According to protocol, the judge allowed the agency to state its case first.

Citing their first evaluations of the Eagleman home, the lawyers painted a pretty picture of Dorn and his ability to act as Delmar’s guardian. They referred to the very report Robert had read months earlier in the director’s office about the investigation conducted after the Hassel’s first allegations. Agnes’ actions defending her home from Dorn and later the director were brought up as evidence to discredit the petition. As further support, they put Dorn on the stand to deliver the obviously prepared speech he had hastily been taught.

The lead attorney for the agency cited several agency policies in defense of their actions and strenuously demanded the petition be dismissed. All through the orchestrated presentation, Jake did not offer one objection. He was carefully trying to present objections associated with the agency lawyers and not the petitioner. Finally, the attorney retired and the judge turned the floor to Jake.

“Thank you, Your Honor,” Jake began smoothly. “First of all, I want to bring the courts attention to the findings of the hearing by the Imperial Directive representative concerning the guardianship of Delmar Eagleman.”

Before Jake could continue, the lead attorney objected. He claimed the directive was not in force at the time of the original guardianship hearing and thus inadmissible.

The judge considered the objection for a moment. “The objection is sustained,” he said. “Since this hearing is not under Imperial Directive, references to such are inadmissible.” Agnes gasped but Jake did not show concern.

“I accept the restraints imposed by the agency’s objections,” he said. His agreement caught the agency attorney off guard. Jake turned and faced Dorn in the witness chair, and by Axia law open to cross-examination.

Carefully, Jake questioned Dorn and got him to elaborate on his previous testimony. Once his tongue was loosened, he went into great detail about all the trouble Delmar had caused and the suffering he had sustained as his guardian. After embellishing the details of his visit to the Hassel farm, Jake dismissed the man from the stand. The agency attorneys were obviously nervous.

Jake then called on Agnes to offer her testimony concerning Dorn’s visit and for her actions. She brought up the point of how the man had been in a drunken rage, and blushingly quoted the profanities Dorn had screamed at her. The agency’s lead attorney rose to object but one glance from the judge silenced him.

Next Jake called on the police officer that had handled Dorn’s complaint against Agnes. He related how intoxicated Dorn had been, and told the court about the visit he’d had with the Hassels, which confirmed Agnes’ testimony. Jake asked the officer to recall his visit to the Eagleman farm the day the agency attacked the Hassels. The officer told about what he had seen at the Eagleman farm, especially noting that Dorn’s bandaged arm had been unharmed when Dorn had filed a complaint against his delinquent brother the previous day and reported that Delmar had been missing for several days instead of several weeks. He then related the events that occurred at the Hassel farm, including the involvement of the troopers.

Jake waited for the agency lawyer to object but the man was clearly hesitant. Thanking the officer, Jake allowed him to return to his seat.

Summarizing the testimony offered, and pointing out the inconsistencies of the agency’s version, Jake gave his closing argument. He was careful to emphasize the conflicting testimony given by Dorn, and restated the man’s inebriated condition, both past and present.

After Jake sat down, the judge announced that rebuttals would proceed tomorrow when court reconvened at nine a.m. Banging his gavel, the judge adjourned the court.

Jake waited for the press of spectators to leave and thanked the officers for their help. He herded the group out the door and to the waiting transportation.

At the liaison office, Jake and the lieutenant brainstormed for the next day session. Agnes, Sherry, and Delmar took the shuttle to the hospital to be with Robert.

While Jake and the lieutenant went over the points they had made that day, the phone interrupted. They learned that the ship carrying Mike Azor had been damaged by a Red-tail attack and would be delayed a week, maybe more.

There goes our ace-in-the-hole,” the lieutenant said. Somewhat deflated by the news, they continued to go over their strategy for the next day. Weary from hashing over the information, they got up and slowly walked to their ground car. They discovered that Sherry and Delmar were just returning and looked very excited.

“Robert is waking up!” Sherry announced to the men. “Agnes is with him right now.”

“That’s good news!” Jake said. “Is he able to talk?”

“Only a little bit,” Sherry answered. “When he found out you were here, he wanted to see you immediately.”

“I guess we’d better get over there!” Jake said. The liaison lieutenant excused himself while the others raced to the hospital. There, Robert told Jake who had attacked him in the barn and what they had said. After he finished, Robert drifted back to sleep and the doctor ushered the visitors out of the room.

Chapter Thirteen

Early the next morning they met with the lieutenant before going to the courthouse. Agnes met them there and reported that Robert was still improving, though slowly. Jake was heartened by the news but it would do little good today.

Although he had a way to break the case wide open, it wouldn’t work without Robert’s testimony. All he could hope for now was to hang on as both sides went through their rebuttals. Jake knew this was the strong suit of the agency lawyers and he was not looking forward to it.

The judge gaveled the court into session. Jake noticed the attorneys looked very pleased with themselves and wondered what they had up their sleeves. Again, the agency led off the proceedings.