Authors: Julie Compton
Jack sees the realization dawn on Michael's face that Earl somehow already knows the answer. He has the look of a puppy that innocently trusted its master and then got smacked. He squirms in his seat and Jack blinks back tears welling in his eyes. He hates himself for letting Earl do this, but he hates Celeste, too, for putting Michael in the middle.
"Mike, you're under oath," Earl gently reminds him.
"Yes," he says quietly. Earl waits for more, and Michael looks down at his lap before he adds, "She cuts herself."
The gallery emits a collective gasp.
Walker sighs dramatically. "Your Honor, I have to object to this line of questioning. I don't see the relevance."
Earl remains calm but the muscles in his jaw tighten. "It's relevant because it evidences Ms. Del Toro's emotional state, and that emotional state may very well have caused her to make a false
accusation."
"I'll allow it. But briefly, counselor.
And stay on track."
Earl turns back to Michael. "How do you know she cuts herself?"
"She told me, but she's also shown me the scars on her legs."
"Do you know why she cuts herself?"
"I don't really understand why, but I guess it makes her feel better."
Jack sees Earl's mind working, trying to think of a way to formulate the next question so he doesn't get an objection.
"Does Celeste seem depressed to you?"
"Objection," Walker says without looking up from his notepad. "I don't believe Mr. Scanlon has laid a proper foundation to establish this boy as an expert on psychiatry who can diagnose depression."
"I'll withdraw the question," Earl says quickly. "Mike, you said she cries a lot and cuts herself. Does she seem sad to you?"
Someone in the audience snickers.
Once again, Earl has made Walker look foolish for his objection.
"Yes."
"Do you know why?"
"I don't know. I mean, she has sort of a weird family."
A few uneasy chuckles come from the gallery and Michael looks in the direction of the sound. Suddenly, he seems more conscious of the crowd dissecting his every word.
"What do you mean?"
"Her parents are divorced, and I get the feeling that they argue a lot. I know a lot of kids have divorced parents, but it's not just that. I think she had a rough time in Florida, when she lived with her mom."
Earl, of course, knows Michael can't testify about anything that Celeste told him happened in Florida. Jack is
surprised when he tries, anyway. "How so?"
"Objection. Calls for—"
"Sustained." The judge frowns at Earl.
You should know better
, his look says.
"Do you think her cutting has to do with having a rough time in Florida?"
"Yes." Michael answers so quickly, so insistently, that Jack is certain he knows more.
"Why do you think that?"
Michael shrugs shyly. "Well, some of her scars are old, you know? I mean, it’s obvious she was cutting before she ever came to Missouri." Jack wonders if Michael thinks this testimony might get him back in the good graces of Celeste's dad. Jack wishes his son cared as much about getting back into his own dad's good graces.
Earl returns to the defense table and pulls a paper from his file. He shows Walker. Walker frowns, but nods,
knowing the judge already gave his approval during pretrial motions for Earl to use it.
Earl hands it to Michael, who pales.
"Have you seen this document before?"
"Not this exact piece of paper, but yes, I've seen what's written on it."
"Where?"
"On my computer." He looks at Jack, aghast. He must now realize, too, that Jack saw the pictures.
"Can you tell us what this document is?"
"It's just something Celeste wrote." He chokes out the words.
"How did it come to be on your computer?"
"I asked her once what it was like, you know, to cut herself. What it felt like, if it hurt? She said she did it because it made her feel better. That didn't make sense to me. A few days later, she emailed this to me." He uses the heel of his palm to wipe his face. "She likes to write," —he shrugs, a gesture of pure wretchedness— "so I guess it was easier to tell me this way."
"Can you explain as best as you can what this document describes?"
"It just sort of explains what she does when she cuts herself." His tone pleads for Earl to let it drop.
"The first two lines read 'I always lock the bathroom door behind me but I don't turn on the exhaust fan. If he comes home unexpectedly, I need to hear him.'
Who do you think she means, when she refers to 'he' and 'him'?"
"She means her dad."
"Do you remember what she named this document, when she sent you the file?"
"I don't know."
Michael's cheeks are pink from fighting back tears, and Earl lowers his head as if considering whether to just let it go. Jack wills Earl to look over so Jack can insist he does.
No such luck.
"The second to last line reads 'The anticipation of the relief waiting for me just on the other side of the cut has a way of stilling my nerves and calming my fear.'
Does that help you remember the name of the document she sent you?"
Michael nods and tries to collect himself. He takes a rattling breath. "Yes."
His voice is hoarse. Finally, the weight of all he's been carrying comes crashing down, and he sobs, "She called it
Relief
."
Earl asks for a brief recess to let Michael compose himself.
"What do you want me to do?" Earl asks Jack quietly. "Should I ask him if he knows anything about the journal entry?"
"I want you to get him off the stand.
Now
."
"Jack—"
"Get him off the fuckin' stand!"
Earl's eyes flash with anger, but he otherwise maintains his trademark composure.
"Fine, but Walker will want redirect.
You know that."
"Just end it."
After the break, Earl does as Jack insisted, but just as Earl predicted, Walker saunters to the witness stand for redirect.
He positions himself closer than
necessary. An attorney usually has one of two goals in mind when he moves in so close to the witness—intimacy, or intimidation. Walker, Jack is sure, intends the latter, but he's in for a surprise.
Walker doesn't know Judge Simmons like Jack does. The judge will hammer Walker if he so much as snarls at a minor, especially one who just broke up on the stand.
"Mike . . ."
Michael bristles at Walker's use of his nickname, but Walker pretends not to notice. Earl got away with it because he's known Michael for so long.
"You said your dad thought Celeste's father might be hurting her, yet he didn't bother to talk to the man when he dropped her off, did he?"
"I don't know."
"You don't know whether or not he talked to her father?"
"No. I mean, he told me he didn't. I don't know why, though. Other than he thought it was better if her dad thought I dropped her off."
"Really?" Walker rubs his chin. "I can tell you're a smart young man. Can you think of any reason he would want her father to think you dropped her off? Any reason he wouldn't want to talk to Mr.
Del Toro?"
"I told you. He didn't want her to get in trouble. And he probably didn't want to wake up her dad. It was really late."
"That was courteous of him."
Judge Simmons looks up from his
notes. "Mr. Walker, if you have more questions, please ask them, but please keep commentary to yourself."
Walker nods but otherwise acts as if he did nothing wrong. "Isn't it possible he didn't want to face the father of a girl he had just sexually assaulted?"
Michael simply stares at him.
"Mike, I'm not asking if you believe he assaulted her. I'm simply asking,
if
he did, couldn't that be why he wouldn't want her father to know he brought her home?"
"Yes, but—"
"You've answered my question. Thank you."
Earl glances at Jack, but Jack shakes his head. He's certain the jury will see this for what it is. He'd rather Walker just finish.
"When you were answering Mr.
Scanlon's questions, you said your dad seemed nervous around Celeste when he first met her."
"Yes."
"You said you thought it was because her resemblance to Jennifer Dodson reminded him and your mom of a—" he looks down at his notes "—
bad time
in their lives. Is that correct?"
"Yes."
"What 'bad time' are you referring to?"
This time Earl doesn't bother checking with Jack. He slams his palm on the table and springs from his seat. "Objection!
Every person sitting in this courtroom knows what this boy refers to. Mr. Walker should be ashamed of himself for asking him to testify about it!"
Jack can't remember the last time he saw Earl show such emotion in a
courtroom. He's not sure he ever has.
"Counsel, approach."
As Earl and Elias argue in front of the judge, Jack waits for his son to look at him, but Michael's eyes are firmly focused on his lap.
Was Claire right again? By allowing Michael to testify, did Jack sacrifice his own son to avoid going to prison? He doubts Michael's testimony is the testimony that will keep Jack from being convicted, so really, what did he gain from today's spectacle? More importantly, what might he have lost? Possibly a son.
"I'm sustaining the objection," the judge announces, interrupting Jack's thoughts. He leans toward Michael. "You can ignore that question, son."
Next to Jack, Earl writes on the legal pad,
He is NOT happy with Elias
.
Walker steps even closer to Michael.
Jack glances at the judge to see if he noticed. He's writing something and didn't.
"You don’t really know for certain, do you, that your father's discomfort when he first met Celeste was because of her resemblance to Ms. Dodson? Isn’t it possible he was aware of his attraction to Celeste, and knew, of course, that such an attraction was unacceptable?"
"I don't know for certain, I guess."
Michael shrugs helplessly.
Walker makes a satisfied, smacking sound with his lips as if Michael's answer was some great coup for his case.
"Mike, do you trust Celeste?"
Michael frowns. His expression asks
What type of question is that?
"Yes, I trust her."
Walker nods, savoring the moment
before he continues. Jack closes his eyes and braces himself for what he knows Walker is about to do. Earl scratches on his legal pad with his pen, ready to rise.
"You believe that she doesn't lie to you?"
"Yes." Michael drags out the word. He, too, is starting to sense a trap.
"Thank you, son. Let me ask you this, then."
One of Jack's pet peeves is a lawyer who thanks the witness after an answer.
Walker's fake gratitude, together with his use of
son
when addressing Jack's own son, is more than Jack can stomach just then. He works to not let the jury see how riled he is.
"Do you think your dad raped Celeste?"
The incredibly risky question comes as a surprise to everyone in the courtroom except the lawyers. Before Earl objects, Jack whispers, "Let him answer." Walker must think that, based upon the last two answers, Michael has no choice but to say yes. Jack thinks otherwise and is willing to take his chances. In his opinion, Walker left out a key question: he never asked Michael if Celeste
told
him Jack raped her.
Michael stares at Walker.
"Mike, please answer the question."
"It's Michael."
"Excuse me?"
"My name is Michael."
Walker raises his eyebrows. "I'm sorry.
Michael
. Do you think—"
"I heard the question."
Jack and Earl exchange a glance. The jury won't appreciate a smart mouth, even from a teen. Especially from a teen. Any sympathy he garnered earlier will dissipate if he doesn't check his sudden attitude.
"And your answer?"
Michael looks over at Jack with eyes still puffy and red-rimmed from his crying. Jack can't tell if Michael's mad and is about to punish his father, or simply upset.
"You're under oath, Michael." Walker's tone is smug; Michael picks up on it. He turns back to Walker and nods before he answers, an action Jack is sure was meant to show everyone in the room that he fully understands his obligation to tell the truth.
"No, sir. I am one hundred percent certain my dad didn't rape Celeste."
Walker must decide he will damage his case further if he tries to question Michael about the apparent
inconsistencies in his testimony, so he releases him. As soon as Michael exits with the bailiff at his side, the judge recesses for lunch. Jack texts Claire and asks her to bring Michael to the law library on the eleventh floor. Only lawyers and judges are allowed into the law library, so he knows they'll have privacy.
He finds them near an east window overlooking the Mall and the Arch. To his surprise, heavy clouds hang low in the sky; they cast a dark, grayish-green glow over the city. The street lamps flicker with uncertainty. His time in the sun that morning feels like days ago.
Michael sits with his head down, his hands in his lap. Claire squats in front of him, talking softly. Mark stands to the side like a sentry, waiting for the order to take Michael home.
Claire rises when she sees Jack. "What happened in there?" she demands.
With barely a glance at her, he turns to Michael.
"Mike." His voice is quiet but firm.
Michael raises his head. His eyes are swollen and red, but Jack persists.
"What's the juris doctor plan?"
"What?" Michael asks, feigning ignorance, but he waited a beat too long to answer.
"Don't fuck with me, Michael."
"Jack!" Claire cries.
"Answer the question. What is the juris doctor plan?"
"
What
are you talking about?" Claire asks.
Michael remains quiet, waiting to see if his mother will succeed in rescuing him.
"Answer me. Don't make me regret that we didn't ask you on the stand."