Two weeks later Jay took a phone call
from Ms. Adkins. “Jayson, after the hearing last week where you and Kyle were
awarded full and legal custody of Janita, I swore out the complaint against her
parents for child abuse and neglect. The trial is set for two weeks from
tomorrow. We’ll need the two of you there, as well as Janita. Given the
closeness of Janita and Adam, it would be beneficial if he were there as well.”
“As if we could stop him.” He
replied. “Do I need to get her a lawyer?”
“No, my office will provide any and
all necessary legal counsel. However, we will all need to sit down with the
attorney at some point before the trial to go over procedures, testimonies
etcetera. I won’t kid you. It could get ugly. Very ugly. You all need to be
prepared. Janita especially as I’m sure the defense attorney will try to rip
her to shreds. We’ll also have to have a psychological assessment done on her.”
“Her parents did a real number on
her. Despite all of our reassurances, she’s still expecting us to either turn
her into Cinderella with us as the evil step-family, or kick her out. She
refuses to use her cell phone or any other electronic device we have given her
with the exception of her computer, and that she only uses to do schoolwork on.
I told her, and Kyle has told her that she does not have to cook or do the
laundry. We’re close to putting a lock on the laundry room door to keep her out
of it.”
“Let her.”
“Huh?”
“Let her do the laundry and house
cleaning. It’s all she knows. Let her do it for a couple of months, then
gradually wean her from it. It’s kind of like her security blanket. She grew up
knowing that doing all of these chores were payment for her food, room and
board. Taking those things from her is probably making her feel like a
freeloader, and that could make her think that she’ll be thrown out any time
because she’s not earning her keep.”
“I understand what you’re saying. We want so
much to give her the life she should have had and deserves, even though she
doesn’t see it that way.”
“Now you see why she’s scared of
being sent back to the shelter.”
“I’ll discuss it with Kyle. Perhaps
if we allow her to do the laundry and help with the housecleaning, it will help
her adjust better. Hell, she won’t even go out with her girlfriend, and I think
the only time she uses her allowance we give her is for feminine hygiene
supplies. I don’t know what she does with the rest of it. We give her
twenty-five dollars a week.”
“Just be patient with her. It’s a
huge adjustment for her and its going to take time. As far as her cell phone
goes, you might want to have Adam, her girlfriend and other friends call her
from time to time. Once she’s comfortable with answering calls, she’ll start to
get comfortable making calls.”
“Okay. Thanks, Ms. Adkins.”
Two weeks later…..
“All rise. This court is now in session, The
Superior court of Massachusetts is in now in session, the Honorable Judge
Marilyn Cunningham presiding. Your Honor, this case is the State versus
Franklin and Josephine Conklin, docket number 656-279D and docket number
656-280D respective.” He handed the judge a file.
“Thank you, Bailiff. Everyone please be
seated.” She quickly scanned the paperwork the bailiff handed her. She looked
at the defense table. “Mr. Conklin and Mrs.
Conklin.” They both stood
as she addressed them. “You, Mr. Conklin are charged with one count of
violation of a lawful restraining order, one count
of resisting arrest, two counts of endangering the welfare of a minor, two
counts of physical abuse and one count of a hate crime. You Mrs. Conklin have
been also charged with one count of violating a
restraining order, two counts of endangering the welfare of a minor, two counts
of physical abuse, two counts of mental abuse and one count of a hate crime. How
do you both plead?
“Your Honor, on behalf of both of my
clients, I’m authorized to plead not guilty to all charges and specifications.”
The defense attorney answered, rising and bowing the judge. “Very well I well enter the plea as such.” She consulted her
calendar and made a quick notation. “Your trial will begin two weeks from
today.” The judge banged her gavel. Everyone rose as she left the bench.
Two weeks later…
“The Superior court of Massachusetts is in
now in session, the Honorable Judge Marilyn Cunningham presiding. Your Honor,
this case is the State versus Franklin and Josephine Conklin, docket number 656-279D
and docket number 646-280D respective.” He handed the judge a file.
“Please be seated. I
assumed that all parties are ready to proceed?”
“Yes Your Honor.” Both attorneys answered. “Very
well Mr. Toronas you may begin your opening argument.”
“Thank you, Your Honor. Good morning ladies
and gentlemen of the jury. Today you will hear a case about acts so painful, so
heinous that you would wonder what kind of
people and parents the defendants are. Let me give you a little background
about why you are here today, On April fourth of this year, the Provincetown
High School nurse notified the defendants that their daughter Janita had not
been in school all week. The nurse was told that, and I quote, ‘that
cunt-lapping fucking lesbian is no longer our daughter. We threw her dyke ass
out along with the rest of the trash when all of our efforts to reorient her
failed’. The defendants that sit before you are
accused of committing heinous and violent acts against their daughter. It’s
inconceivable that anyone could perpetrate these acts of violence and abuse
against their own flesh and blood, yet I intend to prove beyond a shadow of a
doubt that they did indeed commit those acts knowingly and willingly. You will
hear testimony not just from medical professionals and law enforcement officials,
but you will also hear from the victim herself and after hearing what has been
done to that poor defenseless child that will
undoubtedly shock you and make you want to go right home and hug your children.
Thank you.”
“Mr. Walters?”
“Thank you, Your Honor. Ladies and gentlemen
of the jury, before you sit two people who have been wrongfully accused of
committing terrible acts. Both are upstanding pillars of their community. One
is a top-rated stock analyst for one of the most respected financial firms in
Boston, the other is a respected legal secretary with a very prestigious law
firm right here in Provincetown. I intend to prove to you without a shadow of a
doubt that the state’s case against my clients is completely false and that
these two fine people are loving, nurturing, caring parents and the charges
were brought against them by a ungrateful, spoiled, teenaged brat and her
less-than-desirable, homosexual foster parents.”
“Mr. Walters, I will not tolerate anyone
making disparaging remarks towards another person, or cast aspersions on
anyone’s character in my courtroom. Is that understood?”
“Yes, Your Honor. I apologize.” The judge instructed
the jury to disregard the ending of the defense attorney’s remarks and have
them stricken from the record.
“Proceed.”
“For my first witness, I call
Provincetown High School Nurse Caroline Marquette to the stand.” The nurse took
the stand and was sworn in. “Nurse Marquette, how long have you been the
Provincetown High School nurse?”
“Seventeen years.”
“Are you an RN or an LPN?”
“I am an RN.”
“So, as an RN, you would recognize
the symptoms of physical abuse?”
“Yes, all nurses are trained to
recognize such symptoms.”
“Are you familiar with Miss Conklin
over there?”
“Yes.”
“To the best of your knowledge, has
she ever exhibited the symptoms of abuse?”
“One time she came to school with a
black eye. When I asked her about it she said she was trying to get a box down
from her closet shelf and she dropped it and it hit her in the face. She was
very nervous and evasive. Classic symptoms of physical abuse. In addition, her
physical education teacher informed me that she saw several welts on her back,
the shape of which suggested that she had been struck repeatedly by an object
such as a belt.”
“OBJECTION! Hearsay.”
“Overruled.”
“But…”
“OVERRULED.”
“And this phys ed teacher, would she
recognize signs that a child was being physically abused?”
“All teachers, nurses and
administrators in the state of Massachusetts are required to undergo extensive
training on recognizing the signs and symptoms of physical and mental abuse.”
“In your professional opinion, would
you classify Janita Conklin as a victim of physical abuse?”
“Not only physical abuse, but mental
abuse as well.”
`“Would you please explain to the
jury the events of April fourth of this year?”
“On April fourth of this year, I
notified the Conklins that Janita had not been in school all week. I was told
that, and I quote, ‘that cunt-lapping fucking lesbian is no longer our
daughter. We threw her dyke ass out along with the rest of the trash when all
of our efforts to reorient her failed’.” The judge’s face started turning red
with anger. She glared at the Conklins, who just sat there with smug looks on
their faces. “Child Protective Services was immediately notified, as were the
police who began a city-wide search for her, using her school ID photo.”
Mr. Toronas picked up where she left
off. “She was found four days later in the park. She was taken to County
General where she was treated for malnutrition, hypothermia and dehydration.
There were also numerous bruises covering most of her torso, arms and legs.
Some bruises were fairly fresh, and some were old. I’d like to admit into
evidence State’s Exhibit A, medical documentation and photographs of the
bruises.” Upon receiving a nod from the judge, the prosecutor handed her a
thick envelope. Astonishment covered the judge’s face as she scanned the
pictures. Wordlessly she handed them to the bailiff who in turn handed them to
the jury, their faces mimicking the judge’s.
“Thank you, Nurse Marquette. I have no further
questions, Your Honor.”
“Mr. Walters?” She shot him a warning
glance.
“Thank you, Your Honor. Nurse
Marquette, how would you recognize the symptoms of physical abuse?”
“Repeated bruises such as black eyes don’t
go away, welts on the back, arms and legs. Victims of physical abuse will
become nervous and evasive when asked how the injuries occurred. They will
often say ‘a box fell off the shelf’, which is the most common explanation.
They’ll also say things like ‘I ran into the door’ or ‘I slipped and fell down
the stairs’. Things like that.”
“Isn’t it possible that what Miss
Conklin said about the dropping the box is true, that she did accidentally drop
it?”
“It’s possible, but highly unlikely.”
“And why is that?”
“When something is about to hit us in
our face, we instinctively either put our hands up in front of our face, or
turn our heads to protect our face. Miss Conklin would have instinctively
either put her hands in front of her face or turned or ducked her head so that
the box would have struck the top or the side of her head and not her eye.”
Damn! “Nurse
Marquette, you also testified that the gym teacher told you that she saw
belt-shaped welts on her back. Can sitting in a chair the wrong way, or accidentally
bumping into a locker door cause a similar welt?”
“I cannot say one way or the other
since I did not personally see the welts, but I have no reason to doubt the
physical education teacher.”
“No further questions, Your Honor.”
The prosecutor stood up. “Permission
to redirect, Your Honor?”
“Proceed.”
“I have just one more question. You
mentioned in your earlier testimony that all teachers, nurses and
administrators in this state receive the extensive training in recognizing
abuse. Are you taught to distinguish welts and bruises made by objects such as
hands, fists, baseball bats, belts, broom handles, etcetera from purely
accidental bumping into doors?”
“Yes. Bruises made by hands, fists,
baseball bats and belts are indeed readily identifiable and discernible. Others
are not so easy to identify.”
“Thank you Nurse.”
“You may step down. Call your next
witness, please, Mr. Toronas.”
“The State calls Ms. Connie Adkins.”
After she was seated and sworn in,
the prosecutor began. “Ms. Adkins, what do you do for a living?”
“I have a master’s degree in social
work and I work for Child Protective Services.”
“And what is your involvement with
Miss Conklin?”
“My office received a call from Nurse
Marquette stating that Miss Conklin had missed quite a bit of school. She also
relayed her suspicions that she had been physically abused.”
“And what did you do?”
“I filled out the necessary paperwork
to remove Miss Conklin from the residence and place her into a women’s shelter
pending the outcome of an investigation.”
“And what happened then?”
“I went to the Conklin residence with
the paperwork to take Miss Conklin to the women’s shelter.”
“How did that go?”
“Mr. Conklin met me at the door. I
showed him my identification, stated the purpose of the visit and showed him
the paperwork. He snatched the paperwork out of my hands and ripped it up,
stating that I wasn’t taking anyone anywhere and if I set foot on his property
again he’d blow my head off with a shotgun and slammed the door in my face.”
“What did you do then?”
“I went back to my car and called the
police, then got another copy of the paperwork. I waited until the police
arrived before going back up to the door.”
“Ms. Adkins, do you make it a habit
of going to people’s homes without a police escort?”
“Yes.”
“And why is that?”
“Sometimes complaints are filed
against a family by disgruntled neighbors, or neighbors who witness something
that, at first glance could be considered to be an abusive situation, but in
actuality isn’t, simply a misinterpretation. Since such complaints can be
unfounded, it saves the family any unnecessary embarrassment.”
“I see. So what happened when the
police arrived?”
“I went back up to the door with two
police officers and rang the doorbell. Mr. Conklin opened the door, pointed a
shotgun at me and told me to get off his property. He was arrested for
attempted assault with a deadly weapon and I took Janita to the women’s shelter
where she remained until she was placed with the Matthews-Williams family.”
“Why them?”
“They were the best choice possible
and in the best position to help Janita with certain aspects of her personal
life, which I cannot divulge. They have been an outstanding foster family. Of
course it helped that the Matthews-Williams’ son Adam was already a close
friend of Janita’s. The family has gone to extraordinary lengths to provide a
good home for her and to provide for her needs.”
“Thank you, Ms. Adkins. I’m glad
Janita had someone like you to look out for her. No further questions, Your
Honor.”
“Mr. Walters?”
“I have no questions for this
witness, Your Honor.”
“You may step down, Ms. Adkins.”
“What do you mean you have no
questions?” Conklin whispered to his attorney.
“There’s nothing to be gained as
everything in her testimony is a matter of record. She cannot divulge anything
more than she already has without breaking the law.”
“Mr. Toronas?
“Your Honor, I call Sergeant Gregory
Peters to the stand.” Greg took the stand and was sworn in.
“Sergeant Peters, what is your
current role with the PPD?”
“I am assigned to the Lesbian and Gay
Anti-violence Task Force operating out of the fifteenth precinct.’
“It is my understanding that you and
your partner, an Officer William Bailey, were the ones who found Miss Conklin.”
“That is correct.”
“How is it that you and your partner
were looking for her?”
“The task force was notified by Child
Protective Services that a teenage lesbian girl who may have been the victim of
domestic violence was missing. As such, the investigation fell under our jurisdiction.”
“How is it that it fell under your
jurisdiction when the area that the Conklins live in falls under the fourth
precinct?”
“It doesn’t matter where in the city
the alleged crime occurs, or where in the city the victim and their family
lives. All incidents of violence, suspected or proven, against gay, lesbian,
bisexual or transgendered people fall under our jurisdiction.”
“Can you tell me where you found
her?”
“She was lying in a copse of trees
near the fish pond.”
“And what was her condition?”
“OBJECTION! The witness is not a
qualified to render a medical diagnosis.”
“Your Honor, I’m not asking for a
medical diagnosis, simply in the condition that the witness found Miss
Conklin.”
“Overruled. Please answer the
question, Sergeant Peters.”
“Yes, Your Honor. We found Miss
Conklin unconscious. She had no shoes and her clothing was filthy and torn. It
appeared that she may have been there for several days. We immediately called
for a bus.”
“What do you mean by bus?”
“I’m sorry. Bus is slang for the
ambulance.”
“Thank you for clarifying that. What
happened then?”
“The paramedics arrived, started an
IV then loaded her into the bus –er– ambulance. I rode in the back with them to
Country General.”
“Sergeant Peters, is it normal for a
police officer to ride to the hospital?”
“It depends. If the victim has been
beaten, stabbed, shot, sexually assaulted, unconscious or under arrest yes.
Otherwise, no.”
“Thank you. No more questions, Your
Honor.”
“Sergeant Peters, are you gay?”
“OBJECTION! Relevance.
“Sustained.”
“Isn’t it true that you are very
close to the Matthews-Williams family and in fact having an affair with Kyle
Matthews-Williams?”
“OBJECTION!”
“Lends to credibility of the witness,
Your Honor.”
“What does his relationship with the Matthews-Williams
family have to do with this case?”
“Your Honor, I intend to prove that
this is all a conspiracy against my clients.”
“I will give you this one, Mr.
Walters, but you better make your case and make it fast.” I’m so tired of you and your supposed conspiracies. “Overruled. The
witness will answer the question.”
“We are friends that hang out on
occasion, and no, I never had any kind of affair with Kyle. I’m in a very
stable and loving long-term relationship and will do nothing to screw that up.”
Shit! So much for discrediting him! “Sergeant Peters, you testified about the condition
in which you found Miss Conklin. Could those injuries have resulted from a
fall?”
“I’m not a medical professional, so I
couldn’t say one way or another, but I supposed it is possible, although I saw
nothing that she could have struck her head on, and the area where we found her
is totally flat, grass-covered land. While there was some bruising on her arms,
legs and lower back, there were none on her face or neck to indicate that she
had struck something when she fell, but then again, I’m not a doctor so I can
only speculate on the cause of her condition. However, I have responded to a
large number of domestic abuse calls, and her bruises appeared to be consisted with
domestic violence.”
You go Greg!
Kyle mentally cheered.
“How long have you been a police officer?”
“Over ten years.”
“So that makes you an expert on
domestic violence?”
“I have been provided with very
specialized training on recognizing the signs and symptoms of domestic violence
through the Federal Bureau of Investigations, the same training that is
provided to their field agents.”
“So again I ask you. That makes you
an expert?”
“It puts me at the same level as the
acknowledged and recognized experts in the police department.”
“So, one night while you were having
sexual relations with Kyle Matthews-Williams, the two of you cooked up this
scheme to get back at the Conklins for bad financial advice?”
“OBJECTION! The witness has already
stated that he was not having an affair with Kyle Matthews-Williams, and there
is no evidence that supports Counsel’s claim of financial malfeasance.”
“Sustained. Mr. Walters, I suggest
you refrain from conjecture and slander, and confine your case to the established
facts.”
“Yes, Your Honor. No further
questions.”
“The witness is excused. Mr.
Toronas?”
“I call to the stand Doctor Antonio
Torres.” The Defense attorney looked shocked. He quickly glanced down at the
witness roster and indeed saw Doctor Torres’ name on the list. Fuck me! How could I have missed him? He
stood up. “Your Honor, I was not aware of this witness.”
“Your honor, Counsel for the Defense
was provided with our witness roster at the same time you were. There have been
no changes.”
The judge took out her copy of the
witness roster and scanned it. She also took notice of the date. “May I see
your copy of the witness roster?” The bailiff took the roster from the defense
attorney and handed it to the judge who compared it side by side with her copy.
“Your copy is identical to my copy, and in both the name of Doctor Torres is
clearly in evidence. Your overlooking the name of a witness and failing to
interview that witness is your problem. Proceed, Mr. Toronas.”
“Thank you, Your Honor. Doctor Torres,
it is my understanding that you were on duty in the County General Emergency
Room on April fourth.”
“I was.”
“And were you the physician that
examined Miss Conklin?”
“Yes I was.”
“Can you, without violating
doctor-patient confidentiality, give us a rundown on her injuries?”
“She was unconscious and severely
dehydrated. She was also undernourished. Her legs, back and abdomen were
covered with bruises. Routine examinations revealed several bruised ribs. There
were no skull fractures, but she did have a concussion. I sent everything to
the PPD. We gave her intravenous fluids to rehydrate her and kept her overnight
for observations before releasing her to Child Protective Services.”
“Any idea as to the cause of the
unconsciousness?”
“None that I can say for absolute
certainty, although we did find a bruise on the back of her head at the base of
the skull that was hidden by her hair. If I had to make a determination, I’d
say blunt force trauma.”
“Doctor Torres, how long have you been an
emergency room doctor?”
“Nineteen years, nine of which were
as Chief of Emergency Medicine.
“Thank you, Doctor. Your witness.”
“I have no questions for this
witness, Your Honor.”
“What do you mean you have no questions?”
Conklin whispered furiously.
“There is nothing in his testimony that can be
used against you. If I cross-examine the doctor, then the Prosecutor can
redirect and something, however unlikely, may come out that can be used against you. This is the
best course of action. Trust me on this.”
The Prosecutor called Kelly to the
stand where she was sworn in.
“Miss Anderson, during your
deposition you stated that you attempted to bring Miss Conklin’s school work to
her. Why did you do this?”
“She had missed several days of
school. She’s a good friend and I didn’t want to see her fall behind.”
“Do you know why she missed school?”
“OBJECTION! How would the witness
know the reason why she missed school?” The defense attorney was on his feet.
“It’s a simple matter to find out.
All she had to do was ask Miss Conklin. Overruled.” The judge replied
“I don’t know for sure, but when I
dropped the books off at her house, I saw her standing in the hallway with two
black eyes. I could only guess that she didn’t want anyone to see her like
that. I know I wouldn’t.”
“Miss Anderson, could you describe
the condition in which you saw Miss Conklin in?”
“Her left eye was swollen completely
shut…”
“OBJECTION! That could have been
caused by allergies.”
“Overruled. Please continue, Miss
Anderson.”
“Yes, Your Honor. There were bruises
around both eyes and on both cheeks.”
“So what happened when you brought
the schoolwork to Miss Conklin?”
Kelly didn’t say anything at first,
but shot Janita’s father a terrified look, which the prosecutor noticed
immediately. “It’s okay, Miss Anderson. Nobody’s going to hurt you. Please just
answer the question.”
Kelly turned to the judge who nodded
reassurance. “Could I have some water, please?”
“Bailiff, please bring Miss Anderson
a glass of water.” The bailiff quickly complied.
“Thank you.” Kelly said as she took a
big drink while she regained her composure somewhat. “I rang the doorbell. Mr.
Conklin answered the door. He said ‘Well, I see Sluts-R-Us are out today. What
the fuck to you want, bitch?” Adam started bristling. Jay put a hand on his
shoulder.
“I NEVER SAID NO SUCH THING. THE
FUCKING BITCH IS LYING.” Conklin jumped to his feet.
Adam’s face burned with rage. The
judge pounded her gavel several times to restore order. “Such language and
outbursts will not be tolerated in my courtroom. Counselor, I strongly advise
you to control your client or I will be forced to find him in contempt of court
and have him removed.” She told him in an icy tone, which softened when she
spoke to Kelly. “Please continue, Miss Anderson.”
“Yes, Your Honor. I explained to Mr.
Conklin that I brought Janita’s homework assignments and books so she could get
caught up. I held them out to him and he knocked them out of my hands. He then
said ‘Get over here you worthless cunt and clean this fucking mess up.’”
Conklin started to rise again but was restrained by the defense attorney. The
judge gave him a look that said ‘Go ahead. I dare you’. He settled back in his
chair.
“Then what happened?” The prosecutor
asked.
“He said ‘You’ve done what you came
to do, now get off my property, you cheap whore.’ Then he shoved me hard. I
fell back against the porch railing and cut my head. I had to have several
stitches and suffered a mild concussion.” Adam, upon hearing this, jumped up,
fists clenched, shaking with rage. Kelly told him she got cut, but not how she
got cut nor did she say anything about the concussion. Adam had to be
physically restrained by Kyle and Jay. The judge noticed this, but didn’t say
anything. Adam’s fathers had the situation under control.
“Did you sustain any other injuries
other than the cut and the concussion?”
“No.”
“That’s good. No further questions,
Your Honor.”
The defense attorney approached
Kelly. It would be pointless to rebut
what he said to her. That moron’s actions made it appear very likely that he
did say those things. Maybe I can get her to say that she could have just
dropped the books instead him of knocking them out of her hands. He smiled
warmly at her. “Miss Anderson, I’m sorry you were injured and I’m glad it
wasn’t more serious.” Hopefully if I play
nice I can gain her confidence and get her to question her own testimony.
“A few minutes ago you stated that you held out the books to Mr. Conklin and he
deliberately knocked them out of your hands, did you not?”
“No. I did not say he deliberately
knocked them out of my hands. What I said was that I held them out to him and
he knocked them out of my hands. I did not use the word ‘deliberately’.”
Damn. Either she’s been coached real good or she watches a lot of
courtroom dramas. “Miss
Anderson, isn’t it possible that knocking the books out of your hand was
totally by accident?”
“I don’t believe so. I believe it was
deliberate.”
“Why?”
“He didn’t try to take the books like
this.” She stretched out both arms, palms facing and in line with each other
about a foot apart, then slowly brought her hands together, simulating grabbing
the books from above and below. “Instead he did this.” She extended one arm out
at an approximate forty-five degree upward angle, clenched her fist and brought
it down rapidly. “Then he said what he said to Janita about picking them up.”
Shit. I can’t attack her testimony. Perhaps I can attack her and
discredit her. “Miss
Anderson, how were you dressed?”
“Excuse me?”
“What were you wearing?”
“I had on a long-sleeve turtle-neck
sweater, a knee-length skirt, panty hose and high-heeled shoes. I was going to
go to work at the Fashion Palace right after I dropped the books off.
“Was the sweater tight in all the right
places and the skirt slit up the front?”
“OBJECTION! Your Honor, Miss Anderson
is the Assistant Manager at the Fashion Palace, and as such she would have been
dressed as fitting her position in a high-end retail store.”
At the same time, the defense
attorney asked Kelly “Are you sure you weren’t dressed like a hootchie-mama
giving Mr. Conklin cause to call you a slut and a cheap whore?”
Adam lunged towards the railing. He
wanted to rip the defense attorney’s head off. It was all Kyle and Jay could do
to restrain him. The judge pounded her gavel several times. “I WILL HAVE ORDER
IN THIS COURTROOM OR IT WILL BE CLEARED. IS THAT UNDERSTOOD?” Order was quickly
restored. She addressed Adam, who was still struggling in the strong grip of
his fathers. “Young man, who are you and why are you here?”
Adam bowed to the judge and began,
respectfully. “Your Honor, I’m Adam Matthews-Williams. Janita Conklin is my
foster sister and Kelly Anderson is my fiancé.”
“I see. While I quite understand your
anger and your obvious desire to protect the ones that you love, I cannot and
will not condone such disruptive behavior. If it continues, I will have you
removed from my courtroom and barred from these proceedings. Is that
understood?”
“Yes, Your Honor. I apologize for my
conduct. It won’t happen again.”
“Apology accepted.” She turned to the
prosecutor. “Objection sustained.” She turned to the defense attorney. “You’re
skating on very thin ice, Mr. Walters.” She glared at him. “Do you have any
further questions for this witness?”
“No, Your Honor.” He said meekly.
“You are excused Miss Anderson. Call
your next witness, Mr. Toronas.”
“The State calls Doctor George Foster.” Doctor
Foster took the stand and was sworn in.
“Doctor Foster, what is your current
position?”
“I am the Chief of Staff at County
General Hospital with privileges at Massachusetts General Hospital.”
“And what is your field of practice?”
“I am board certified in internal
medicine, psychiatry and psychology.”
“Doctor Foster, did you examine Miss Conklin?”
“Yes.”
“Can you tell us about what took
place during the examination?”
“I’m afraid I cannot. Doctor-patient
confidentiality and HIPPA laws prohibit me from releasing such information
without consent of the patient, or in this case, the patient’s guardian since
the patient is a minor.”
“I see. Does this consent have to
come from a biological parent, or can it come from a foster parent?”
“Either will suffice.”
“Your Honor, I have a release of
medical information authorization form here signed by Jayson Matthew-Williams,
Janita Conklin’s foster father.”
“OBJECTION! Null and void, Your
Honor. Mr. Conklin does not give
consent for the information to be released.
“Your Honor, I have documentation
here stating that Franklin and Josephine Conklin have legally disowned their
daughter Janita Conklin, thus forfeiting all parental rights.”
“May I see both documents, please?”
The Prosecutor handed the documents to the bailiff who passed them to the
judge. She studied both documents carefully for a few minutes. “Everything is
in order. Objection overruled. Doctor Foster, you are authorized to release the
outcome of the examination and diagnosis only. No other details regarding any
procedures or recommended therapies may be discussed.” She showed the consent
form to Doctor Foster then gave it and the disownment documentation to the
bailiff to be returned to the Prosecutor. She looked at the Prosecutor. “Keep
your questions within the confines of the release form, Mr. Toronas.”
“Of course, Your Honor. Doctor
Foster, you examined Miss Conklin?”
“Yes.”
“And what is your professional
diagnosis?”
“Physical, mental, and emotional
abuse.”
“Any doubt in your mind?”
“None whatsoever.”
“I’m not sure if you can answer this
question because of the legalities involved, but do you have any idea who may
have perpetrated the abuse you mention.
“Yes.”
“And is this person in the courtroom
today?”
“Yes.”
“Who is that person? Can you tell
us?”
“Yes. Mr. AND Mrs. Conklin.”
“Are you sure?”
“I’m sure beyond a shadow of a
doubt.”
“OBJECTION! The witness did not see
the abuse take place, therefore he cannot say for any certainty that it was my
clients who perpetrated the alleged abuse.”
“I’ve known Doctor Foster for many
years. If he says it, you can believe it. Overruled.”
“No more questions, Your Honor.”
“Mr. Walters?”
“Doctor Foster, can you tell the
difference between someone who is telling the truth and someone who is crying
wolf just to get attention or to get back at someone.”
“In most cases, yes.”
“Isn’t it possible that Miss Conklin
lied to you?”
“I do not believe she did.”
“I don’t believe you. I think you’re
lying. You like accusing upstanding businessmen and women like Franklin and
Josephine Conklin of abuse, don’t you? Especially black ones.”
“OBJECTION! Doctor Foster is not on
trial here.”
“SUSTAINED! Doctor Foster, you are
excused with my apologies. Attorneys for the defense, approach the bench.” The
defense attorneys approached the bench. “I warned you about your conduct, Mr.
Walters. You are hereby held in contempt of court, fined five thousand dollars
and sentenced to six months in jail. In addition, formal letters of apology
will be written to Doctor Foster, Miss Anderson, Miss Conklin, the
Matthews-Williams family AND this court which I will read before they are sent
to them. If they don’t meet with my approval, they will be rewritten. Is that
understood?” He nodded. “Furthermore, I will be requesting a formal
investigation by the Massachusetts State Bar Association. Bailiff, Mr. Walters
is remanded into custody. Take him away. Ms. Solomon, proceed with your case,
with caution.”
“Yes, Your Honor.”
“I’m going to start breaking some
heads if I don’t start getting decent representation.” Mr. Conklin threatened
under his breath.
“If you are unhappy with the way you
are being represented, then you can fire me and either find another attorney or
represent yourself.”
“Fine. You’re fired.”
“As you wish.” She stood up. “May I
approach the bench, Your Honor?”
“You may.”
Both attorneys stepped up to the
bench. The judge turned her microphone off. “What do you wish to say?”
“I must inform both you and the
prosecutor that the Conklins are unhappy with their current representation and
have fired my firm. They will be representing themselves.”
The judge turned her microphone back
on. “Mr. and Mrs. Conklin. It is my understanding that you have dismissed your
current defense attorney and intend on representing yourselves. Is this
correct?”
“Yes, Your Honor.”
“I must inform you that it is highly
inadvisable and I am calling a forty-eight hour recess while you reconsider
your actions and I strongly recommend that you seek counsel. Court is in recess
and will resume nine a.m. Wednesday morning.” She struck her gavel. Everyone
rose as she left the room.
Kyle, Jay, Adam, Janita and the
prosecutor huddled around the table. “What was that all about?” Jay asked.
“The Conklins are in deep shit. Given
his attitude and his actions, I think the judge is ready to throw the book at
him. I can see it in her eyes. Firing his attorney and representing himself
almost guarantees they’ll lose. Most judges would just go with it, but Judge
Cunningham is giving him time to reconsider. She’s not going to chance them
winning an appeal and possibly getting Janita back.”
“Can they do that?”
“It’s extremely unlikely, but a
higher court could overturn any convictions on the grounds that they were
improperly represented. I’ve been in her courtroom countless times and trust me
when I say that she wants to fry his ass, legally and irrevocably.”
“So what’s next?”
“I’m going to put you on the stand
next, Jayson to testify about his violating the restraining order, and then
I’ll put Janita on the stand. I want the judge to know what her home life was
like before.” He turned to Janita. “The defense attorney will try to rip you
apart, but I assure you, it’s absolutely necessary. I think tomorrow we should
do a run through. I’ll play both roles. That way everyone will be somewhat
prepared.”
“Sounds good to me. Let’s go home, guys.
I think tacos are in order.”
Wednesday morning found them back
into the court room. It was going to be a very difficult day for the
Matthews-Williams family on two fronts. They were first and foremost concerned
with Janita and how she would hold up under what promised to be a vicious
cross-examination by the Defense attorney. They were also concerned with Adam.
He loved his foster sister dearly and was fiercely protective of her. They just
prayed he could refrain from ripping somebody’s head off. He’d already been
warned once by the judge. Next time he could face charges and that wouldn’t
help anyone.
The prosecutor began his day by
calling Jay to the stand. Having been on the witness stand many times
throughout his law-enforcement career, he was completely calm, detached and
professional.
“Mr. Matthews-Williams, please state
your current occupation for the record.”
“I am an FBI Special Agent currently assigned
to the Bias and Hate Crimes Unit.”
“Thank you, Agent Matthews-Williams.
It is my understanding that you filed for an order of protection for Miss
Conklin against her parents. Is that correct?”
“Partially correct. An order of
protection was filed, but it was filed by Child Protection Services after we
were informed by Miss Anderson of Miss Conklin’s apparent abuse committed by
her father.”
“And how did Miss Anderson come by
this information?”
Fuck! If I answer, Conklin’s lawyer is going to object due to hearsay. “She was informed by Miss Conklin
herself.”
“OBJECTION! Hearsay.”
“Sustained.”
Way to go, Jay, you stupid fucking ass-wipe! Jay mentally beat himself up.
“Special Agent Matthews-Williams, was
an order of protection granted for Miss Conklin?”
“Yes, there was.”
“Move to strike, Your Honor. There is
no evidence that an order of protection was filed against my client.”
“Check your facts, Counselor. I
issued that order of protection. Overruled. Proceed, Mr. Toronas.”
“Thank you, Your Honor.”
“Special Agent Matthews-Williams, was
that order of protection served to the Conklins?”
“I have no reason to believe it was
not as I was given a copy of the order of protection as was the manager of the
women’s shelter.”
“OBJECTION, Your Honor. Speculation.
How would the witness know that a copy of the order of protection was given to
the shelter manager?”
“I’m about to make that clear, Your
Honor.”
“See that you do. Objection
overruled.”
I can’t get a break with this faggot-loving judge. Conklin fumed, rapidly reaching his
boiling point.
“Okay, so you and your husband were
granted emergency temporary custody of Miss Conklin pending permanent custody
approval. Correct?”
“Yes.”
“So please tell the court what
happened when your family went to pick up Miss Conklin at the women’s shelter.”
“We arrived at the shelter to find a
man later to be identified as Mr. Conklin, loudly proclaiming that the shelter
manager had no right to keep him from seeing his daughter.”
“How loudly?”
“He could be heard from the street.
The shelter is set back approximately one hundred feet from the road, and there
was a lot of traffic at that time.”
“Continue, please.”
“As I approached the shelter I saw
Ms. Timmons, the shelter manager, show Mr. Conklin a piece of paper and heard
her tell him that he was in violation of a restraining order preventing him and
his wife from being within five hundred feet of Miss Conklin. When he refused
to leave she told him that if he didn’t leave, she would call the police.”
“Did she have the order of protection
with her at the time?”
“Yes she did.”
“Did you see her show it to Mr.
Conklin.”
“I saw her show a piece of paper to
Mr. Conklin.”
“But that could have been anything,
even a shopping list.”
“But it wasn’t. At that point in time
I identified myself as an FBI Special Agent, showed my ID to both of them and
told Ms. Timmons that she did not need to call the police. She showed me the
paper and it was indeed a copy of the order of protection. Mr. Conklin then
asked if I was going to order Ms. Timmons to hand ‘his daughter’, his words,
not mine, over to him. I informed him that since he and his wife legally
disowned her, that she was no longer his daughter, and that my husband and I
had been awarded legal custody of her and were there to take her home. I
further informed him that he had ten seconds to leave or I would arrest him for
violating the restraining order. Mr. Conklin then informed me that I did not
have the authority to arrest him and he wasn’t leaving without Miss Conklin.”
“And what did you do then?”
“I once again showed him my ID, read
him is Miranda rights and placed him under arrest. He said ‘yeah right’ and
started to walk away. I told him to stop where he was or I would add the charge
of resisting arrest to the violation of a lawful restraining order charge. At
the same time, my husband called nine-one-one and explained the situation. Mr.
Conklin then asked me how I proposed to stop him. I drew my service weapon,
ensured that the safety was on, and pointed it at him. He then said, and I
quote, ‘so the big, bad faggot FBI agent wants to play cops and robbers? Go
play somewhere else’. He turned and continued to walk away. The local police
arrived and took him away. Ms. Timmons, my husband, Miss Conklin and I filled
out statements.”
“Thank you, Special Agent.” He turned
to the court-appointed Defense attorney. “Your witness.”
“Special Agent Matthews-Williams. I
have the police report here. It states that you discharged your weapon.”
“I fired a warning shot into the
ground approximately fifteen feet away from where Mr. Conklin was standing.”
“That seems a bit excessive, don’t
you think?”
“In my opinion, it was warranted.”
“How was it warranted? He was leaving
the area, which is what you wanted in the first place. I submit that the
situation turned into a pissing match between two alpha males and because you
didn’t get your way, you exceeded your authority and tried to shoot my client.”
“OBJECTION! Counsel was not there to
witness the situation.”
“I’d like to answer the question, if
I may, Your Honor.”
“You may. Overruled.”
“First, Mr. Conklin had no right
being there since one, he and Mrs. Conklin legally disowned Miss Conklin and
therefore surrendered all parental rights, and two, even if there was a
screw-up and they weren’t served with the order of protection, it was shown to
him at the shelter. He was legally required to leave the premises immediately,
which he refused to do, even when I ordered him to after identifying myself and
showing him my badge and ID. At that point, since Mr. Conklin refused to leave
a place where he was prohibited from being at, I was duty bound to arrest him.
When he resisted arrest, I fired a warning shot which had the desired effect of
stopping him until the local authorities apprehended him. I am an expert
marksman. At no time was Mr. Conklin in danger of being shot.”
“But you could have allowed him to
walk away.”
“I could have, but then I would have
been in dereliction of duty as a Federal Agent sworn to uphold the law.”
“How long have you been with the FBI,
Special Agent Matthews-Williams?”
“Fourteen years.”
“And in all that time, you’ve never
allowed a person to simply walk away? How very alpha male macho of you. Things
weren’t going your way, so you decided to play the big bad cop and threaten the
life of my client.”
“OBJECTION. Your Honor, Defense
Counsel is badgering and slandering the witness.”
“I find that, given the
circumstances, Special Agent Matthew-Williams acted properly, with considerable
restraint. Most cops would have shot him in the leg or something to prevent him
from leaving. Objection sustained.”
The Defense attorney sighed. “No
further questions, your honor.”
“The witness is excused. We will take
a one hour recess for lunch. We will resume at one o’clock.” The judge pounded
her gavel and left the courtroom.
As they gathered around their table
at Friendly’s, Kyle took Jay’s hand. “I’m so proud of you, baby. I thought for
sure that bitch was going to get your testimony thrown out. You handled it
beautifully.”
“Thanks, baby. I did too.
Fortunately, I’ve testified in numerous cases before Judge Cunningham and
during one trial she had a routine background investigation done on me so she
knows that I’m a good Fed. But let’s not talk about the trial. Let’s talk about
doing something special this weekend. I’m up for Six Flags. How about you all?”
The rest of their lunch conversation revolved around going to Six Flags and how
much fun Janita, who had never been to the water theme park, was going to have.
It came as no surprise to anyone that she didn’t know how to swim. Kyle would
make sure that by the time the weekend rolled around, she would learn.
Back in the courtroom, Janita was
called to the stand to testify. Having run through a mock question and answer
session the previous day, Janita knew the questions she was going to be asked
and had her answers prepared.
“Miss Conklin, please explain to me
what your average day was like.”
“They were pretty much the same.
Monday through Friday I would get up at five a.m. and prepare breakfast for my
parents. While they were eating breakfast I would prepare their lunches. After
breakfast I would take my one piece of toast and half-glass of orange juice,
sit on the floor in the corner and eat. Then I would wash, dry and put away the
breakfast dishes and go to school.”
“You only had one piece of toast and
a half a glass of orange juice for breakfast?”
“Yes, sir.”
“Why?”
“It was all that I was allowed to
have, and I was not allowed to eat at the table.” Tears flowed down Adam’s
cheeks when he heard this. Even though he already knew about it, it still hurt
him deeply to hear the abuse she was subjected to. Kyle and Jay’s eyes weren’t
exactly dry either.
“After school what did you do?”
“I was required give up all of my
extra-curricular activities in order to come home directly after school and
prepare dinner and do the laundry and pick up after my parents. After dinner I
again washed, dried and put away the dishes, then went upstairs to do my
homework.”
“What extra-curricular activities?”
“I was captain of the cheerleading
squad and women’s softball team, and head of the debate team. I was also in the
drama club and chorus.”
“I’m sorry you had to give all that
up. It sounds like you had a busy school life.
“Was this the same routine every
day?”
“It differed on the weekends.”
“Differed how?”
“I wasn’t in school on the weekends
so that time was taken up with yard work, cleaning the pool or snow shoveling
in the winter time.”
“Surely mowing with a riding mower didn’t take
that much time. You must have had some time to enjoy the pool?”
“My parents didn’t have a riding
mower. They had a push mower, and I was not allowed to use the pool as I had
not earned that privilege.”
“Your Honor, I have a statement here
from City Hall that puts the size of the Conklin property at three-point-five
acres, which, in my opinion, is way too much to mow by hand, especially in the
heat of summer.”
“OBJECTION, Your Honor. The
prosecutor is stating his own opinion.”
“Sustained. Please continue, Miss
Conklin.”
“After dinner, since I didn’t have
school work to do I was required to do all of the housecleaning.”
“And what were your parents doing all
this time?”
“In the summertime they would be swimming
in the pool and throwing pool parties, for which I was required to prepare all
of the food and do all the cleanup.”
“Were you allowed to attend the
parties and partake of the food you prepared?”
“No, sir, never.”
“And how long did this continue?”
“Up until three months after my
fifteenth birthday.”
“What happened then?”
“I told my parents that I was a
lesbian and was in love with another woman.”
“How did your family react to that?”
“My mother refused to say anything to
me ever again. She wouldn’t even look at me. My father told me to retract what
I just said or I would be punished.”
“And did you?”
Janita gave Janine a loving smile.
“No. I would not lie about who I was, nor would I deny my love for my
girlfriend.”
“And were you punished?”
“Yes.”
“Physically?”
“Yes.”
“How?”
“He’d beat me.”
“Beat you how?”
“At first, all he did was slap me
around. When I still refused to lie about my sexuality, he started beating me
with his whatever he could get his hands on. Usually it was his belt, but sometime
it was with the heel of his shoe or other objects.”
“At which point did you tell him that
you lied about your sexuality and that you were, in fact, straight?”
“I never did.”
“So you continued to maintain that
you were a lesbian and in love with another woman.”
“Yes.”
“So what did your parents do then?”
“I was put into a sexual
reorientation program.”
“How did that go?”
“It was horrible.”
“It is my understanding that sexual
reorientation programs often use aversion therapy such as electro-shock to the
nipples and genitalia of the patient. Did that happen to you?”
“Yes, at least twice a day while I
was in the program.”
“Did it have the effect of changing
your sexuality?”
“No, it did not.”
“So, since sexual reorientation failed, what
did your father do?”
“He forced himself on me, sexually”
“He had sex with you?”
“Yes, numerous times.”
“Did you willingly submit?”
“Not once. He forced me to have sex
with him each time, usually tying me to the bed. He got me pregnant twice and I
had to have abortions.”
“Your honor, I have a statement of
charges from Planned Parenthood for two abortions performed on a Miss Janita
Conklin.” He handed the bill to the bailiff to be passed to the judge.
At this point Mr. Conklin jumped up
and screamed at Janita. “I’ll teach you to tell bald-faced lies about me.” He
whipped off his belt, doubled it over and slapped it against the table. Janita
let out a blood-curdling scream, and cowered in the corner of the witness box,
covering her face and head with her arms and started crying hysterically. The
judge stood up and pounded her gavel several times. “Bailiff, handcuff the
Conklins. Jayson, please tend to Janita. Kyle and Jay both rushed to Janita and
gathered her in their arms and led her back to the back of the courtroom where
they were eventually able to calm her down. Nothing, however, would calm the
seething judge down. Adam looked like he was ready to rip Mr. Conklin apart with
his bare hands, and the judge was sorely tempted to let him do so. She fixed
the Conklins with an icy glare and her voice was filled with venom. “In all my
years on the bench, I have never, ever seen such reprehensible behavior. The
two of you are most definitely unfit to be parents. The Defense attorney opened
her mouth to say something, but the judge stopped her. “Save it. I’ve heard all
I need to hear, and I’m sure the jury has also.” She turned to the Social
worker. “All remaining Conklin children are to be taken into protective custody
immediately.
“There are no other children, Your
Honor. Janita is an only child.”
“I guess we can be thankful for that.
Court is in recess until nine a.m.” she glanced at her calendar, “three weeks
from tomorrow. She slammed her gavel down with such force that the handle
broke.
When the court reconvened three weeks
later, as the judge took the bench she noticed that Mr. Conklin was seated at
the defense table in handcuffs. Mrs. Conklin was not. The Defense attorney
stood up. “Before we proceed Your Honor, I would like to request that my
client’s handcuffs be removed.”
“Given your client’s attitude and
actions throughout this trial, I feel that he is a threat to Miss Conklin.
Request denied.” Kyle, Jay and Adam all breathed a collective sigh of relief.
“Miss Conklin, please return to the witness stand. Remember, you are still
under oath. Mr. Toronas do you have any further questions for this witness?”
“Yes, Your Honor. Miss Conklin,
before we begin let me remind you that you are still under oath.”
“Yes sir.”
“Now, after your father repeatedly
had sexual relations with you did it have the desired effect of reversing your
sexuality?”
“No it did not.”
“So then what happened?”
“He beat me up and threw me out.”
“Janita, how old were you when you
were thrown out of your house?” The judge asked.
Janita shot a terrified look towards
her parents, but didn’t say a word.
“Fifteen, Your Honor.” Janita
mumbled. Fortunately, the microphone on the table picked up her mumbling so
everyone heard her response. Again she shot her parents a terrified look, which
did not go unnoticed by the judge.
“And how old are you now?”
“I will be seventeen in three
months.”
“I see. Thank you, Janita.” The judge
said as she jotted a couple of quick notes. “Proceed, Mr. Toronas.”
“No further questions, Your Honor.”
“Miss Martin?”
“Thank you, Your Honor. Miss Conklin,
you explained to us your daily schedule. Would you like me to have the court
reporter read it back to you?”
“No, thank you.”
“It seems like you had a very
regimented day.”
“I guess.”
“Both of your parents are engaged in
professions that require considerable focus and attention to detail. Isn’t it
possible that they were trying to teach you to be focused and pay attention to
detail?
“No, I don’t see how.”
“Okay, so it would appear that you
were rebelling against what they were trying to teach you. Isn’t that why you
falsely accused your father of beating you?”
“OBJECTION! Sufficient medical
evidence proves that she was beaten on several occasions and expert testimony
points to the father as the perpetrator.”
“Sustained.”
“Yes, about that. You aren’t really a
lesbian are you? Aren’t you in fact straight, and that’s your boyfriend sitting
in the back of the courtroom?”
“No, Adam is not my boyfriend. He’s
engaged to Kelly Anderson.”
“Oh, I see. So the two of you had are
having a fling and the two of you cooked up this entire scheme to hide the
truth from his fiancé. I’m willing to bet that he’s the one who beat you when he found out you lied to your parents
about your sexuality. Didn’t he?” Janita was too shocked to respond. “DIDN’T
HE? ANSWER THE QUESTION. DIDN’T YOUR LOVER BEAT YOU FOR LYING TO YOUR PARENTS?”
“OBJECTION! The defense attorney is
attacking and browbeating the witness.”
“Sustained. Watch yourself
Counselor.”
No need. That should cast enough doubt in the jury’s minds to get an
acquittal. “Sorry,
Your Honor.” Janita was still sitting there, shocked, not saying a word. “Your
Honor, please instruct the witness to answer the question.”
“The witness will answer the
question.”
Janita nervously swallowed. Going in,
she knew that the questions would be tough, but in no way was she prepared for
this. “No, Your Honor. I am most definitely a lesbian and in love with another
woman. Adam Matthews-Williams and Kelly Anderson are two of my closest friends.
They’re like a brother and a sister to me. There’s no way I would to anything
to come between the two of them.”
“No further questions, Your Honor.”
“The witness is excused. Mr. Toronas,
do you have any more witnesses?”
“No, Your Honor. The State rests.”
“Very well. Ms. Martin, please call
your first witness.”
“I call Franklin Conklin to the
stand.”
I’m watching you, Conklin. You so much as put a little toe over the line
and your ass is mine!
The judge mentally admonished him.
After he was sworn in, the defense
attorney began her questioning. I hope
this works. “Mr. Conklin, your daughter has accused you of abusing her. How
do you feel about that?”
“That little…” The judge cleared her
throat and raised her gavel “girl sitting there was never supposed to be. My
wife and I had a wonderful life before she came along. She was an unwanted
accident. She ruined everything for me.”
“Why didn’t you give her up for
adoption?”
“My wife stood to inherit a
considerable sum of money when her parents died. They knew we didn’t want any
children, but threatened to disinherit her if we got rid of the child, so we
were stuck with her.”
“So you raised her against your
will?”
“Yes. We were trapped and had no
choice. Half-a-billion dollars was on the line.”
Those greedy mother-fuckers. Janita was nothing more than a cash cow to
them. HOW DARE THEY?
Adam fumed.
The judge gave no indication of the
shock and indignation she felt.
“Okay. Let’s talk about when she came
out of the closet. How did you react to that?”
“We discussed it with her at length,
but she refused to turn away from her abominable life style.”
“Why do you claim her sexuality is
abominable?”
“Because the Bible denounces faggots
as abominations.”
“I see. So, when she refused to turn
away from her homosexuality, what did you do?”
“We tried to get her help.”
“What kind of help?”
“We put her in a sexual reorientation
program, but that failed.”
“So what happened then?”
“I was forced to take matters in my
own hands. It became apparent to my wife and me that only physical actions
would exorcise the demons within her.”
Hearing that, Kyle rushed out of the
courtroom to the nearest bathroom and vomited. “Baby, are you okay?” Jay asked,
coming after him and holding the pale man as he continued to empty his stomach.
When Kyle finished vomiting Jay handed
him a couple of mints to take the taste out of his mouth. He was sobbing on
Jay’s shoulder. “How can anyone do that to their own flesh and blood?” They all
knew that he had beaten her, but to hear it stated so blatantly was more than
he could deal with.
“I don’t know, baby. There are a lot
of sick fucks out there. Are you okay?” He nodded. “Let’s go back.”
“I’m sorry, Jay.”
“Don’t be. I almost lost my breakfast
myself. We better get back in there. I suspect that Adam’s about ready to
explode by now, if he hasn’t already. We may end up having to bail him out of
jail before this trial is over.”
“If things keep going like the way
they are, you may end up having to post bail for both of us.” Hand-in-hand,
they returned to the courtroom.
“Judge, could you please ask them not
to do that? It makes me want to vomit.”
“Ask who not to do what?”
“Them. Those disgusting faggots are
holding hands. It’s enough to make a real man sick to his stomach.”
Kyle lost it then. “OUR HOLDING HANDS
IS NO WHERE’S NEAR AS DISGUSTING AS YOU RAPING YOUR OWN DAUGHTER, THE MERE
THOUGHT OF WHICH MADE ME VOMIT LITERALLY, YOU SICK BASTARD!” Kyle shouted.
The judge pounded her gavel on its
pad furiously, when in reality she wanted to pound it on Conklin’s head. “ORDER
IN THE COURT! ORDER OR I WILL CLEAR THIS COURTROOM!”
“I apologize, Your Honor.” Kyle
quickly capitulated.
“Mr. Conklin, you will keep your
opinions to yourself. Jayson and Kyle Matthews-Williams are legally married and
have just as much right to hold hands in public as you and your wife do.”
“What those child-molesting faggots
call marriage is a mockery. It destroys the sanctity and purity of real
marriages, which God had decreed to only be between a man and a woman.
The judge pounded her gavel. She
turned to the prosecutor. “I am hereby amending the charges against Mr.
Conklin, adding slander to the list of charges.” She turned to Conklin. “If the
Matthews-Williams family were child molesters Janita would never have been
placed with them.”
“It only proves that they were
successful in hiding their depravity. It’s a well-known fact that all faggots
are child molesters. How do you think they become faggots in the first place?”
The judge pounded her gavel again.
“Mr. Conklin, I find you in contempt of court. You are hereby fined five
thousand dollars and six months in prison. If you do not wish to compound these
punishments, I strongly urge you to
keep your mouth shut and only answer questions put to you.” I’m soooooo glad CPS was able to get Janita
away from this horrible person! Similar thoughts were running through Jay,
Kyle and Adam’s minds. Nobody had any idea just how evil Janita’s progenitor
was.
“Whatever, Judge. You’re the boss.”
The judge clenched her teeth
momentarily before instructing the defense attorney to continue.
“So, Mr. Conklin, you stated that you
and your wife realized that only the physical actions of her father could turn
Janita from her evil ways. Did it?”
“No.”
“So what did you do then?”
“We did the only thing we could do.
We threw her out and legally disowned her.”
“Thank you. No further questions.”
“Mr. Conklin, just out of curiosity,
why did you go to the shelter and try to bring Janita back home with you?” The
prosecutor asked.
“My wife’s parents found out that we
kicked her out and threatened to disinherit her.”
“You do realize that, having legally
disowned her that you could no longer force her to live with you?”
“Yes, but she didn’t know that.”
“So you attempted to force the girl
that you disowned to move back into your house just so your wife could inherit
the money?”
“Of course. Getting the inheritance
is all she’s good for.”
“I see. So let’s talk about your
reorientation plan. You stated that you and your wife realized that only your
physical actions could turn her back to heterosexuality?”
“Yes.”
“In what form did said actions take?”
“I don’t understand.”
“What did you do to her that you felt
would change her?”
“What any father in my situation
would do. I tied her down to her bed many times and attempted to beat the
demons out of her.”
“And she willingly submitted to this course of
action?” Silence. “Mr. Conklin?” More silence. “Your Honor, please instruct the
witness to answer the question.”
“Mr. Conklin, answer the question.”
“I invoke my fifth amendment rights.”
“Your Honor, permission to treat the
witness as a hostile witness.”
“Granted.” The judge almost shouted.
“Mr. Conklin, you say you tied up and
beat your daughter to make her heterosexual. Well guess what? It didn’t work.
YOU PUT THAT CHILD THROUGH HELL FOR NO REASON. NO REASON AT ALL. YOU CLAIM YOU
LOVE YOUR DAUGHTER. A LOVING FATHER DOES NOT TIE HIS DAUGHTER TO A BED AND BEAT
HER REPEATEDLY!” He glared at Conklin. “No further questions, Your Honor.”
Even the defense attorney was
horrified. “The state rests, Your Honor.”
The judge responded in an icy tone
that gave chills to everyone in the courtroom. “The witness is excused. We will
recess for one half hour, then we will hear closing arguments.” She banged her
gavel. “This court is in recess.” She returned to her chambers, sat on a couch
and cried. Never in all her years on the bench had she heard such wanton
disregard for other human beings.
Her secretary, who always seemed to
know when she was upset, knocked on the door. “Marilyn, can I get you
anything?”
“Yes, I could use about a dozen White
Russians.”
The secretary closed the door behind
her and sat on the couch facing the judge. “That bad?”
“Gina, I swear I’ve never seen such
an evil man in my life. I thank God that CPS got the child out of there and
placed with a very caring and loving family.”
“I’ll be right back.” She left and
came back about a minute later with a steaming cup of herbal tea. “Here, drink
this. It always makes you feel better.”
“Thank you, Gina. You always know what
do to or say. Well I guess I have to go back in and listen to closing
arguments. It’s going to be interesting to hear what the defense has to say as
the defendant practically made the prosecution’s case for them.” She returned
to the bench and called the court into session. “Mr. Toronas, are you ready to
make your closing arguments?”
“Yes, Your Honor.”
“You may proceed.”
He stood and walked over to the jury
box. “Ladies and gentlemen of the jury, what can I say? The defendants stand
accused of committing heinous acts. How can any parent possibly treat their
child the way the defendants are accused of? You have heard corroborating
evidence to support all of the charges against them. You have witnessed
firsthand the bigotry that is harbored within one of the defendants, and is
inferred in the other defendant. I am absolutely convinced of the defendants’
guilt as I am sure you are. I ask you for justice for that traumatized child
sitting right there. I beg you to find the defendants guilty of all charges.
Thank you.”
“Ladies and gentlemen of the jury, my
esteemed colleague posed the question ‘how can any parent treat their child the
way the defendants are accused of’. I submit that the answer is quite simple.
They didn’t. The prosecution has failed to produce sufficient evidence to prove
my client’s guilt beyond a shadow of a doubt. I am confident that, when all is
said and done, you will return the only verdict you can, not guilty. Thank
you.”
“Ladies and gentlemen of the jury,
please return to the jury room for deliberation.” The judge instructed. The
jury foreman stood up and glanced at the other eleven jurors then they
proceeded out of the courtroom for their deliberations. Once the jury left, the
judge came down from the bench and approached the Matthews-Williams family. She
knelt down and took Janita’s hands. “I’m so very sorry for what you were put
through. Nobody deserves to be treated the way you were treated, and I’m very
thankful that you’ve been placed with such an obviously loving and caring family.”
She gave Janita a quick hug then looked towards Kyle, Jay and Adam and smiled.
She understood Adam’s desire to rip the Conklins into a million pieces. “If you
ever need anything, please don’t hesitate to hesitate to contact me.” She left
the family and approached the social worker. “Please make sure that Janita gets
into counseling for her rape and abuse. No child should have to endure what she
did.”
“We got lucky with this one, Judge.
It could have been a whole lot worse. We could have found her dead.” That was a
scenario that played out far too often.
The judge visibly shuddered. “We
definitely owe you a debt of gratitude for this one.” She glanced at the
Matthews-Williams family, still huddled around Janita in the back of the
courtroom. “I don’t think you could have found a more loving, caring family to
place her with.”
“You have no idea, Your Honor.” She
proceeded to tell the judge everything that the family had done for Janita.
“Wow. You’re right. I had no idea.
That’s incredible. They should get like a family-of-the-year or a
parents-of-the-year award.”
“Even though they’re two gay men?”
Ms. Adkins baited the judge.
“Heterosexuality is not a
prerequisite for forming a loving, caring, nurturing family. Case in point.”
She pointed to the now empty defense table.
“I wish the entire judicial system
shared your views. It would make my and all other CPS social workers’ jobs that
much easier.”
“I know. Look at them.” She pointed
to the Matthews-Williams family. “You can almost feel the love radiating out
from them.” At that moment the bailiff tapped the judge on the shoulder and
whispered in her ear. “Already? That was quick.” She returned to the bench and
pounded her gavel. “Everyone take your seats, please, this court is now in
session.” This drew surprised looks from everyone as they quickly returned to
the previous seats. “Bailiff, please bring in the defendants.” The Conklins
were ushered back into the courtroom. Once they were seated at the defense
table, the judge asked the bailiff to bring in the jury. “Will the defendants
please rise.” The judge was not surprised when Mr. Conklin remained seated,
although Mrs. Conklin stood. She glared at him, then at the Defense attorney
who said something to him. He slowly stood up and sent the judge the nastiest
look he could muster, like she was some disgusting insect about to be squashed.
“Ladies and gentlemen of the jury, have you reached a verdict.”
“We have, Your Honor, and it was a
unanimous decision. We find the defendant, Franklin Conklin guilty of all
charges and specifications against him. We further find the defendant,
Josephine Conklin, also guilty of all charges and specifications against her.”
“Very well. You are dismissed with my
deepest appreciation.” She turned to the Conklins. “Franklin Conklin, having
been found guilty by a jury of your peers, I take great pleasure in levying the
maximum punishment allowed by law. I hereby sentence you to life in the state
penitentiary with no possibility of parole.” There was great malice in her smile.
“I’m sure there you will discover the joys of being raped repeatedly, a joy you
inflicted on your daughter.” She turned to Mrs. Conklin. “I cannot understand
how any mother could subject her child to what you did. Josephine Conklin, I
hereby sentence you to life in the state women’s penitentiary. You may be
eligible for parole after serving no less than twenty-five years. This court is
adjourned.” She pounded her gavel, rose and left the courtroom.
There was cause for celebration in
the Matthews-Williams house. They had gotten justice for Janita, and Ms. Adkins
was going to get her the help she needed.
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