Tripod Chapter 41
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Tripod - Chapter 41
"You gonna be OK, Ty?" I asked as I slid into the back seat of Tyler's dad's car.
"Sure," Tyler responded. Then, after a long pause, he took a breath and said, "Not sure."
Tyler's dad Josh reached over and gave Tyler's leg a squeeze.
It was mid-February. Miguel the former barista at He-Brew was having his day in court. He had been in jail since the Halloween party at Ashley's house, unable to post the modest bond. His accomplice, the guy who'd brought the gun that shot Tyler, would stand trial at the same time.
We stopped to pick up Eddie and Brandon. Since Darius lived on the other side of town, he'd drive himself to the courthouse in Skokie.
After we'd passed through security, we headed for the courtroom that was listed on the subpoena. The subpoena also instructed us not to discuss details of the case with anyone, including ourselves, until after the trial was over.
Darius was already there, standing outside the courtroom, as was Ashley and her mom. They all walked over to us when they saw us arrive.
"I'm Bonnie Swenson. I guess you're Tyler's father?"
Josh introduced himself and politely shook Ms. Swenson's hand.
"I just wanted to say how sorry we are about what happened to Tyler. I'm glad to see that he's doing OK. Ashley let things get way out of hand that night. I mean anyone could have slipped through the front door," she said.
"I appreciate your concern even though it took you four months. Ashley seems to have gotten all the compassion in the family," Josh shot back.
"Lawyers are horrible people. They told me not to talk to anyone about that party, especially not the parents of the kids who were there. I'm just glad that the police showed up and stopped any kids from driving impaired. And again, I'm so sorry about what Tyler went through. Ashley's not allowed to have another party until she's 21."
Ashley stood sullenly by her mother's side looking like she'd just applied for a job as a bank teller. "Ashley, I've never seen you dress so..."
"So much like a middle-aged housewife on her way to a funeral?" she groaned. "Yeah, my mom wanted to make sure I didn't give off the `wild child' vibe. I think we've definitely gotten that part right."
We all headed into the courtroom and took our seats two rows behind the Prosecution's table.
"All rise," the bailiff called. "The court of the second municipal district, Cook County, Illinois, is now in session. The Honorable Robin Peebles presiding."
"Please be seated. I wish to remind all of you that cell phones are to be switched off in my courtroom. Anyone I find in violation of my instructions may be held in contempt and subject to fines or jail time. Don't let my smile fool you, folks. I can be a real hard ass. Bailiff, please call the first case."
The judge was a white woman, probably in her forties with short blonde hair. Despite the seriousness of her post and her admonition to the court's attendees, she projected a subtle warmth.
"The People vs. Miguel Contreras and Rigoberto Lopez, Your Honor."
Miguel sat with his public defender at the front of the courtroom. He honestly looked awful. The life had gone out of his eyes. The other defendant was separated from Miguel by his attorney and had a smug look on his face.
"Mr. Contreras, I see that your lawyer has reached a plea agreement with the district attorney. Your charge has been reduced from simple theft, a class 3 felony to unlawful trespass, a class `B' misdemeanor. How do you plead?"
"My client wishes to plead guilty, Your Honor."
"Can you verify that Mr. Contreras?" the judge asked.
"Yes," he whispered.
"Speak up, young man," the judge ordered.
"Yes, Your Honor." Miguel looked as though he wanted to crawl under the table.
"As for Mr. Lopez," the judge continued, "you are charged with one count of armed robbery, one count of reckless endangerment, four counts of unlawful restraint, and one count of unlawful possession of a firearm. How do you plead?"
"My client pleads not guilty to all charges, Your Honor."
"Since defendant Contreras has already pleaded guilty to his charge, we shall continue with the case against Mr. Lopez. The Prosecution may begin its case."
The prosecutor was a young, African-American woman who took a second to look through her notes, then spoke to the judge, "Thank you, Your Honor. The prosecution will establish that the defendant, Rigoberto Lopez, set out to rob jewelry and other valuables from the home of the Swenson family using an out-of-control Halloween party to gain unfettered access to the home. The prosecution will further prove that the defendant purchased a weapon illegally and used it to unlawfully detain four invited party guests before being subdued by said guests. Furthermore, his actions resulted in grievous bodily harm to one of the victims."
"Very well. You may call your first witness," the judge said.
"Your Honor, the prosecution wishes to call Miguel Contreras."
Miguel took his place in the witness chair and was sworn in by the bailiff. Rigoberto looked at Miguel with unabashed hatred.
The prosecutor began, "How long have you known the defendant Rigoberto Lopez and how did you meet?"
"He lives in my apartment building. I guess we've known each other for about five years."
"Would you say you were friends?"
"No."
"And why is that?"
"I don't like the kind of people he hangs with."
"Why don't you like them?"
"They're always smoking pot or drinking or doing drugs."
"Objection, Your Honor," Lopez's defense attorney said, "The defendant's recreational activities are irrelevant to this case."
"Your honor," the prosecutor responded, "the Prosecution wishes to establish a motive for the robbery. The observed behaviors require funding in excess of the defendant's income."
"I'll allow it," the judge responded.
"Mr. Contreras, whose idea was it to enter the Swenson's home to steal jewelry?"
"It was Rigo's idea. He kept teasing me about how bad I dress and that I'm just a poor little nobody and I'll spend the rest of my life living with my mom. He said he felt bad about that and that we could just bust into a Halloween party, take some jewelry, and be gone before anyone knew it."
"If you really didn't like him, then why did you agree to accompany him then?"
"I was in a bad place. I'd quit my job when I got angry at a customer. We didn't have enough money to pay the rent. I was pissed off at the world. He said there would be no guns. He said that we'd be dressed in costumes so that no one would even notice. We'd drive around until we found a big party, then just sort of walk in the door. We wouldn't even have to break in. He said, `Those bitches will never miss the stuff anyway,' and that he had a guy who'd take the stuff off his hands and we could split the money. I was desperate. So, we dressed up like lucha libre guys and rode around a rich part of Evanston until we found a house with a party. We just walked right in and walked around until we found the biggest bedroom. Rigo started going through the closet. I could hear water running in the shower, so I told him to hurry up. Just as Rigo was putting the jewelry and stuff into a bag, all these kids walked out of the bathroom and Rigo pulled out a gun."
"Can you identify those `kids'? Are they here in court today?"
"Yes. They're all sitting there in the second row. Eddie, Brandon, Tyler, and Jaime. I don't know the other kid next to Jaime but he was there, too. The others used to be customers at the place where I'd worked. I was shocked to see them at the party."
"Let the record show that the defendant identified Darius Ahmadi in addition to the others," the prosecutor said. "Did those boys know it was you there in the bedroom with Rigoberto?"
"No. We were both wearing masks. They couldn't have known it was me and I hadn't seen any of them since I'd quit my job a few weeks before then."
"What happened next?"
"When Rigo pulled the gun, I screamed at him telling him that he'd promised not to bring a gun. He said I was an idiot and told everyone to get down on the floor. Just then, Tyler walked into the bedroom from the other direction. When Rico turned around to see him, Eddie and Brandon jumped on him to pull the gun away from him. That's when I heard it go off."
"What do you mean that you heard it go off?"
"The other kid knocked me down at the same time, so I couldn't see what was happening. I just heard the gun go off and then a few seconds later, I heard Tyler groaning."
"No further questions, Your Honor," the prosecutor said.
"Miguel," the defense attorney began, "isn't it true that you had a crush on my client and that you were jealous of his relationship with his girlfriend?"
"Objection, Your Honor," the prosecutor shot out, "the witness's sexual orientation and dating history is irrelevant."
"What are you hoping to establish here counselor?" the judge asked the defense attorney.
"That the witness has a motivation to make up a story in order to get back at my client for spurning his attentions."
"I'll allow it, but this better not be a fishing expedition to try to discredit an otherwise credible witness. Mr. Contreras, please answer the question."
"No! I've never been interested in a relationship with him," Miguel shot back.
"But haven't the two of you had sexual relations?" the attorney asked.
"We fooled around a few times a couple of years ago. That's it."
"But you were secretly in love with him and enraged when he stopped asking you for sex?"
"Objection! Your honor, defense is badgering this witness."
"Sustained. Counselor, the witness has already testified that he has never had romantic feelings for the defendant."
"No further questions, Your Honor," the defense attorney replied.
"The Prosecution wishes to call Brandon Grimes."
"Brandon, can you please tell the Court what you saw with regard to the alleged crime on the night of October 31 of last year?"
"My buddies and me were checking out the bathroom at Ashley's house. It was the coolest one we'd ever seen. Anyhow, I walked out of the bathroom and saw two guys in masks standing in the closet dressing room area. The taller guy was holding a bag and dropping rings and earrings and stuff into it. When he saw me, he dropped the bag and pulled a gun from his pants. My friends were walking out of the bathroom by then and saw what was going on. The taller guy pointed the gun at us and told us all to get down on the floor. A couple of seconds later, we heard Tyler yell to us from the bedroom. The guy with the gun turned around to see and Eddie and I jumped on him. The gun went off and we heard Tyler moaning in pain. Then I made sure the guy couldn't get away so that Eddie could see what had happened to Tyler. Darius told Jaime to grab some belts from the closet, which he used to tie up the two guys. Jaime called the police. And Jaime, Eddie, and Darius helped Tyler until the police and paramedics got there."
"Did you hear the two defendants say anything?"
"Yes, when the taller guy pulled out the gun, the shorter guy got mad and said that the taller guy had promised not to bring a gun. Then the taller guy called him stupid."
"Did you know who the assailants were?"
"No. We didn't know it was Miguel until after the police got there and pulled off their masks. We didn't know the other guy, the one with the gun."
"Can you please confirm that the man sitting at the defendant's table now is the same man you saw that night holding the gun, the one you were able to see once his mask was removed by the police?"
"Yes, that's him. I'm sure," Brandon replied.
"No further questions, Your Honor"
Then it was the defense attorney's chance.
"Brandon, before you jumped on the defendant, can you describe what you were feeling?"
"Objection, Your Honor. Relevance," the prosecutor stated.
"Your Honor, I wish to establish that the witness was in a heightened emotional state due to situations unrelated to the events we are discussing here, which would lead a reasonable person to question his reliability as a witness," the defense attorney countered.
"I'll allow it. Please continue, Mr. Grimes."
Brandon started squirming in his chair, "I was crying. I've been through some pretty awful stuff, which used to make me feel bad about myself. These guys became my friends even after I'd been mean to them. That kinda hit me that night. I just got overwhelmed and needed to walk out for a second. I didn't want them to see me crying. They followed me to see if I was OK."
"But when you claim that you were just trying to subdue the defendant, didn't you beat him until he was unconscious, well beyond any reasonable action to subdue him? Would you say you were not in your right mind?"
"Objection, Your Honor! The witness is not a psychiatrist and is not qualified to determine the existence or absence of a mental illness capable of disqualifying him as a credible witness."
"Sustained. Counselor, please rephrase the question."
"Brandon, did you realize what you were doing when you beat the defendant unconscious?"
"I got very angry. I was trying to protect my friends. But I remember everything."
"Did you rush to help your friend Tyler who'd been shot?"
Brandon sunk down into the chair. "No."
"And why is that, Brandon?"
"Because I was so freaked about what I did that I couldn't get up."
"So upset, so distracted by what had just happened that you froze, not even able to offer help to a friend?"
"Yes."
"No further questions for this witness, Your Honor."
"The prosecution wishes to call Edward Hondo."
"Mr. Hondo, have you been paying attention in court? Have you been listening to the sworn testimony of Mr. Contreras and Mr. Grimes?"
"Yes, I have.
"Was there anything in either witness's testimony, specifically with regard to the events that you personally witnessed, that you disagree with or anything you would add?"
"No. I agree with the details of both of their accounts from the point I walked out of the bathroom until right after Tyler got shot. That's exactly what happened. After that, I ran to help Tyler, and all of my attention was focused on him, so I didn't get a look at the tall guy with the gun after they pulled off his mask. I was paying attention to Tyler on the ground bleeding. It was the scariest moment of my life."
"Edward, may I call you `Edward'?" the prosecutor asked.
" 'Eddie' is fine."
"What is your relationship to Tyler Jacobs?" the prosecutor asked.
Eddie looked over at Tyler, who meekly smiled back at Eddie.
"He's my boyfriend. We've been together since we were thirteen."
"Eddie, I understand you are a fine student and somewhat gifted in math. Is that true?"
"I'm currently ranked number one in my class at Evanston West. I've been waitlisted for admission to MIT and await responses from several other top-tier schools. I was the youngest person in Illinois history to get a perfect math score on my ACTs and SATs when I took them five years ago."
"Objection, your honor. Relevance. What has this witness's college entrance exam scores got to do with my client's case?"
"Your Honor, if Defense can try to discredit a witness because he was displaying emotion, then Prosecution wishes to show that this other witness has a superior intellect and that his observations of the crime scene are more than credible."
"It's probably a stretch, counselor, but I'll allow it."
"I have no further questions of this witness, Your Honor."
"No questions, Your Honor," the defense attorney said.
Darius was called and his line of questioning was similar to Eddie's. Darius mentioned his "schola-athlete" awards and the first-aid that his dad had taught him, but he also didn't get much of a look at the face of the gunman because he was busy with Tyler.
Ashley was called next.
"Can you confirm, Ms. Swenson, that these two men were not invited to your party, and had their identities been known to you, they would not have been allowed in the house?" the prosecutor asked.
"Yes. Absolutely. I had only invited twenty kids and told them to keep it to themselves but word obviously got out. I couldn't play hostess and watch the door at the same time. Since it was a Halloween party, basically anyone in a costume just walked in."
"I have no further questions, Your Honor."
"Ms. Swenson," the defense lawyer began, "did you tell guests that they were free to roam about the house and check out the bedrooms to do whatever they wished, including having sex, or underage drinking or drug-taking?"
"Only the guests I knew and trusted."
Ashley's mom turned bright red. Her fists were clenched in rage. I'm sure that if she hadn't been sitting in the courtroom, she would have struck Ashley across the face in her best telenovela bitch slap.
"Well, isn't it safe to assume that anyone who wandered through your open door could simply observe other party guests all over the house and guess that you'd be OK with that?" the defense attorney asked.
"Objection, Your Honor. The defense is calling for speculation on the part of the witness," the prosecutor shot back.
"Let me rephrase. Given the number of people in the house, were you able to keep them from heading into the private areas of the home to do whatever they wanted?"
"No. I guess I couldn't."
"So, in essence, aren't you saying that you might have tempted someone who just wanted to attend a fun Halloween party into stealing items that they normally wouldn't have had access to?"
"Objection, Your Honor."
"Sustained. If you're trying to imply that your client was set up for entrapment, you're on pretty shaky ground, counselor."
"I apologize, Your Honor. No further questions of this witness."
"The prosecution wishes to call JAY-me Fine-Cruz."
"It's HI-may!" I screamed in my mind. "What's so hard about that?"
I sat down and the bailiff swore me in.
"Please state your name."
"HI-MAY Fine-Cruz."
"Do you swear that the testimony you are about to give is the whole truth and nothing but the truth?"
"Yes."
"I apologize for getting your name wrong, Jaime," the prosecutor began.
"Jaime, did you see the defendant at the party before you and your friends decided to take a tour of the home?"
"Actually, yes. I saw them walk in. I noticed what they were wearing because they were in lucha libre costumes and I've been to a lucha libre event in Mexico with my family, so it stuck in my mind."
"Did they say hello to Ashley or anyone else at the party when they walked in?"
"Not that I saw, no."
"Did you see them anywhere in the house socializing, enjoying a drink, talking to anyone?"
"No."
"You've heard Miguel, Brandon, Eddie, and Darius give sworn testimony about what happened in the main bedroom of the Swenson house on October 31. Is there anything you've heard that you wish to disagree with or do you agree with the facts as stated?"
"I agree with their sworn testimony. The only thing that I can add is that after Tyler got shot, Eddie, Darius, and I were helping Tyler, so I couldn't see anything that happened in the closet after we tied up the suspects. Eddie, Darius and I were around the corner in the bedroom."
"But did you get a look at the man whom you had seen holding the gun after he had had his face mask removed by police?"
"I did. That's him sitting at the table over there."
"Thank you, Jaime. No further questions."
"Jaime," the defense lawyer began, "why were all of you naked and, shall we say, visibly excited when you ran into the defendant?"
A few laughs rang out around the courtroom.
I felt a cold sweat start to form on my forehead. This was taking a very embarrassing turn. I looked over at Tyler's dad sitting ten feet (3m) in front of me and his eyes were wide, staring directly at me. Then I looked at Ashley's mom, who was giving me a look of such utter and total disgust that I thought she would puke right then and there.
"We'd been taking a shower. It was the biggest private shower any of us had ever seen. We wanted to see what that kind of luxury would feel like."
"Was that all? Just four teenage guys trying to get clean in a really nice shower? When you guys walked out of the bathroom, didn't my client make a comment that it looked like a scene from a gay porn video?"
"Objection!" the prosecutor screamed.
"What relevance to the facts of the case does this have?" the judge asked sternly.
"Your Honor, it has come to my attention that this witness had a sexual relationship with Miguel Contreras and ongoing sexual relationships with all of these witnesses. I believe that his testimony and that of his friends should be viewed skeptically. Because of these close relationships and to show support for one another, they would be inclined to corroborate Mr. Contreras's testimony to keep him out of trouble, whether or not his testimony was true."
"Counsel, I don't see how legal activities conducted in private, well, at least not out in public, between persons who are over the age of consent are relevant to this case. You'd better focus on relevant facts or you're going to find yourself in trouble. Do you have any proof of perjury?" the judge asked.
"Jaime, did your relationship with Mr. Contreras influence your testimony here today? Remember that you are under oath and the penalties for perjury are severe," the defense lawyer asked.
"I hadn't seen Miguel for..."
"Just answer the question, Jaime. Yes or No?"
"No!"
"No further questions, Your Honor."
"Your honor, I wish to continue with this witness," the prosecutor said.
"You may," the judge responded.
"Jaime, let's clear a few things up here. Did you have sex with Miguel Contreras?"
I turned bright red. This was not supposed to be happening. "Yes."
"When?"
"Twice. Both times in early October. Then I heard nothing from him after he quit his job at He-Brew."
"Did you have romantic feelings for each other?"
"No."
"Would you lie to keep him out of trouble?"
"Absolutely not! I wouldn't lie about something this serious to keep even a good friend out of trouble and Miguel wasn't even a friend. Honestly, he wasn't even nice to me."
I looked at Miguel and saw him looking at the floor.
"I'm finished with this witness, Your Honor," the prosecutor said.
"Would the defense like to question the witness further?" the judge asked.
"No, Your Honor."
I slithered out of the witness seat and slipped as quietly as possible back into my seat. Darius discretely took hold of my hand. I couldn't look either Josh Jacobs or Ms. Swenson in the eye.
"Prosecution calls Tyler Jacobs."
Tyler sat in the witness booth and took his oath.
"Tyler, could you please tell me what injuries you sustained on the night of October 31 at the Swenson home?"
"I got shot in my left shoulder."
"How long were you in the hospital?"
"Just a few hours."
"But you were unable to attend practices for the gymnastics team for how long?"
"A month."
"If your friends hadn't tied up the defendant after you were shot, and given you first aid, do you think you might not be alive now?"
"Objection, Your Honor. Leading the witness and calling for speculation on the part of someone who is not a medical professional."
"Sustained."
"Let me rephrase then, were you scared that night? Did you think you might die?"
Tyler took a deep breath, closed his eyes, and said, "Yes."
"No further questions, your honor."
"Defense has no questions for this witness."
Tyler returned to his seat, looking relieved that he didn't have more of a grilling.
The prosecution then reviewed evidence showing that the bullet that hit Tyler was definitely from the gun retrieved at the scene, and that said gun had only the defendant's and Eddie's fingerprints on it. The gun had been purchased at a gun show in neighboring Indiana and illegally resold in Illinois, where it was not registered.
"You may call your next witness, counselor."
"The Prosecution rests, Your Honor."
"The Defense may call your first witness."
"The Defense rests, Your Honor."
Apparently, the lawyer didn't trust his client enough to let him testify in his own defense.
"We'll proceed with closing arguments then," the judge said.
"Good people of the jury, the State of Illinois asks you to weigh the testimony of seven eyewitnesses who clearly and in detail confirmed a motive, a method, and the magnitude of the charges against the defendant. He planned to infiltrate a Halloween party in a wealthy part of Evanston for the sole purpose of stealing the homeowner's possessions right under the nose of her daughter. After scoping out the target house, he used deception to trespass into the home and, contrary to any claim that he was just enjoying an open-to-all Halloween party, was never spotted socializing with any of the guests or partaking in any food or drinks. He was startled by other party-goers in the midst of a planned robbery and pulled an illegally obtained firearm from his pants. He proceeded to detain at gunpoint and against their wills four young men whose testimonies you heard today, and who verified that this defendant alone had planned to bring a firearm. While there is no way to prove if the defendant willingly pulled the trigger or whether the firearm discharged accidentally when the defendant was tackled to the ground, it is clear that the defendant's actions recklessly endangered the lives of five young men and resulted in one of them being injured by a bullet. The collective testimony of eyewitnesses and experts should leave you with no reasonable doubt and lead you to convict Rigoberto Lopez on all charges."
"Counsel for the Defense, please present your closing arguments," the judge requested.
"Ladies and gentlemen of the jury, please remember that you must consider each of the charges separately. My client, looking for a fun way to spend an evening, stumbled upon a Halloween party that appeared to be open to the public. He and his companion walked in and realized that the house was a free-for-all, with drink, drugs, and sex everywhere. Overwhelmed by what they saw, and realizing that exploring the home was open to all guests, they looked around for a quieter part of the house and found the master bedroom, where a fortune in jewelry was sitting out unprotected. While examining the awe-inspiring accessories of an extremely wealthy and powerful, but not very security-minded woman, the defendant was startled by four athletic and sexually-aroused men walking right toward him. Fearing for his safety, he pulled a gun that had been legally purchased in Indiana to protect himself but to no avail. He was tackled to the ground and beaten to within an inch of his life. The gun accidentally discharged in the scuffle that ensued, but not because my client pulled the trigger on purpose. Good people of the jury, there should be more than reasonable doubt as to the veracity of the charges against my client and I ask you to acquit on all charges. Thank you for your service."
The judge began, "Each member of the jury has a duty to examine the evidence and weigh it against each charge. Your decision to convict must be beyond a reasonable doubt. If you have a strong doubt of guilt, then you must acquit on that charge. Remember that you must not speak to anyone about the case outside of the jury deliberation room. You may not bring your phones into the jury deliberation room. It is currently 11:10 AM. By consensus, you may choose to work through lunch or break for one hour. Court will reconvene once you have reached your verdict. If deliberations continue past 4:00 PM, you may go home and return tomorrow at 9:00 AM to continue your deliberations. If you need to review testimony at any point in your deliberations, please let the bailiff know. Again, I remind you that you are not to discuss any aspect of the case with anyone outside the jury room until the verdict has been delivered and I declare the trial officially over. That includes your friends, loved ones, and especially the media. I have decided not to sequester this jury, which places the burden on each of you to stick strictly to the rules."
My group all headed out of the courtroom. Once we were outside, Tyler's dad stopped us all. He was clearly angry.
"What were all of you thinking? And I'm not letting Tyler off on this one either. He was obviously headed to meet up with all of you in the bathroom. I know that you're all good kids. You didn't drink. You weren't doing drugs. But throwing an impromptu orgy in Ashley's mom's shower? Really? I mean, I'm not stupid and I'm not a prude. I can only imagine what you boys get into when you're down in our basement and I frankly don't care. But couldn't you just keep it in your pants for one night? I think you should go apologize to Ashley and her mom. It's the least you can do."
Ashley was already in a heated discussion with her mom, who was trying not to let her voice be heard in the courthouse hallway, but from the gestures alone, you could tell that Ashley was getting a tongue-lashing.
Josh led us over to where Ashley and her mom were standing. Ashley's mom had her back to us.
"Excuse me," Josh began.
Ashley's mom turned around and as she caught a first glance at our group, shot fire from her eyes, "What the fuck do you want? Do you have an idea how my name is going to get dragged through the mud if the press picks up on this?"
From what I could tell, since Tyler had not been gravely hurt, nor had anyone else been hurt for that matter, this story had died a quick death by November 2. While the fact that the party had taken place at a powerful corporate executive's home was mildly interesting, other stories had pushed it from the news. There didn't really appear to be any news media at this trial; it would wind up being nothing but a footnote to an already-dead story. Bonnie Swenson just seemed to have an inflated vision of her own importance.
I took a deep breath. "We're here to say we're really, really sorry, Ms. Swenson. Teenagers do stupid things sometimes and we weren't thinking. You have an incredibly beautiful home and we just got caught up in a fantasy. I know that that's no excuse for what we did. It was completely wrong of us and we're sorry for the embarrassment and pain we've caused you both. Ashley is a very nice girl who's been extremely generous to me and to my new brother. And my friends and I are really sorry that we've gotten her in trouble. I can see where she gets her intelligence and kindness. We hope you can forgive us."
While the apology was sincere, it also seemed to have taken just the right approach of remorse and ego-stroking. I could see her attitude soften just slightly. Ashley had a sly grin on her face.
"Given how obviously pissed off I am at all of you, it took guts and maturity to come over here and apologize. I was young once, too, and I admit I did a stupid thing or two. Ask Ashley to tell you the story of how she was conceived sometime."
And with that, Ms. Swenson grabbed an appalled Ashley by the arm and left. They had no desire to wait for a verdict and risk being interviewed, even though there were no signs that any of the news outlets were interested.
"Juries in cases like this one usually return a verdict within a few hours. We can go have lunch, then come back and see what's going on, OK?" Josh remarked.
"We've all already been excused for the day at school, so we might as well stick around," Tyler said.
"There's a good deli just a few blocks away. We can walk. I used to come here as a kid. I grew up not far from here," Josh added.
For a group that was usually very talkative, we all kept pretty quiet during lunch, only commenting about the delicious brisket and corned beef. Something had become clear to all of us during the trial that we really hadn't talked about before--had we behaved like responsible adults and not sex-crazed kids, we probably would have stayed downstairs and Tyler never would have gotten shot. The house likely would have been robbed but things can be replaced. Tyler could have died that night if the bullet had struck just a touch more to the left. It was an awful thought.
Sensing the dark cloud looming over the table, Josh headed back to the deli counter and returned with a dozen rugalach.
"I hope you guys have learned something from all this. First, always think with your big head first. Sex is great but not if someone can get hurt, either physically or emotionally. Second, learn from your mistakes. I can see how badly you're all feeling now. I hope you'll do better next time. And lastly, rugalach can make everything better," Josh said, smiling weakly as we all grabbed those to-die-for cookies.
We walked back to the courthouse in the cold February wind, arriving around 1:00 PM. We sat around in the hallway, checking the social feeds on our phones and killing time. By 1:30, the jury had returned and we headed back into the courtroom to take our seats.
"Mister Foreperson," the judge began, "have you reached a verdict?"
"We have, Your Honor," said an African-American man in his sixties.
"Could you please read the verdict to the court?" the judge continued.
"In the case of the people vs. Rigoberto Lopez, on the count of armed robbery, the jury finds the defendant guilty. On the count of reckless endangerment, the jury finds the defendant guilty. On the four counts of unlawful restraint, the jury finds the defendant guilty on all charges, and on the count of unlawful possession of a firearm, the jury finds the defendant guilty as charged."
Rigoberto sat there shaking his head and mouthing what looked like "motherfucker" at Miguel.
"Thank you, people of the jury, for your service to this court and to the state. You have completed your jury service at this point and are free to go," the judge said.
"As for the penalty phase, Mr. Contreras, I see that you have been incarcerated since October 31, unable to post bond, is that true?"
"Yes, Your Honor."
"The usual sentence for criminal trespass is frequently a fine or a few months in jail at most. Given the amount of time you have already served and given that this is your first offense of any kind, you are free to go, although you will have to serve three months of court-supervised probation. Also, as part of your sentence, I will require you to take anger management classes. Do you understand?"
"Yes, Your Honor. Thank you, Your Honor."
"As for you, Mr. Lopez, this is not your first rodeo. Not by a long shot. You have been convicted of a ton of misdemeanors, going all the way back to when you were fifteen, but none resulted in jail time. Well, I've got news for you, you're a grown-up now and your luck has run out. The charges you have been convicted of are serious. You are hereby sentenced to ten years in prison. Please take him into custody to begin serving his sentence. Court dismissed."
Once the judge's gavel dismissed the court, Miguel walked slowly over to our group, his head bowed. He slowly met our glances and said, "I'm so, so sorry. I spent four months in hell thinking about what I did, the mistakes I made, and how I hurt all of the people who cared about me. And you were right, Jaime, I treated you like shit even before that Halloween party. I'll try to do better. I hope you can all find it in you to forgive me. And I hope we can all meet up again and start over. I could really use some friends now."
Then, he walked over to hug a short, middle-aged Latina. "Estoy libre, mamá." (I'm free to go.) And with that, the tears flowed down the face of the woman who had spent hours in the courtroom listening to proceedings in a language she barely understood with the hope of being able to hug her beloved son once more.
I wish I could say that we were happy that day. I guess we were relieved that it was all over and that justice had been served. But having to relive the nightmare and coming to realize that we ourselves had been partly to blame, left us all hurting.
END - Tripod -- Chapter 41