It took about a week for the reporters to finally go away, as there were other stories and new leads to follow. Standing outside a house hoping someone might step out for a picture or answer questions started to get boring as it was clear to everyone out there that the inhabitants were hunkering inside the mansion for the long haul. With other stories to report and the world moving on as it always does, the crowd outside the gates slowly began to thin down until there was next to no one left. The odd straggler was determined to be the one person to get something, but all they got film on was the coming and going of Xander’s legal team as they would come over every few days to ask questions and gather Intel for the upcoming prelims. The prosecutors were going to have to prove to a judge this case was worthy of moving forward since Dick skipped the grand jury. To use this as a football metaphor, Russell saw that as an opportunity to cut the pass off and run it back into the end-zone for a pick six. The lawyer seemed rather confident, but he was sure in his own abilities and was determined to get into the ring and start duking it out. This wasn’t going to be an actual trial, so there would be no opening statements, but the lawyers would get a chance to plead their case to the judge before he or she made their final decision on whether or not there was enough evidence to proceed. Russell actually preferred arguing to a judge, rather than taking his chances with a grand jury, since people can often make decisions based on emotion or what they feel about the people in question and that wouldn’t favor Xander as people are resentful of people who are richer than themselves. With preliminary hearings, the judge is about as impartial as you can get and makes decisions based on the evidence, or the lack there of. Russell also told Xander repeatedly that he also liked this hearings because it gave them a decent preview of their case, which is like getting an early peek at their playbook. While Dick was going to have to eventually surrender everything in discovery, the hearing still gave them more time to work on it, and more time is never a bad thing when prepping for war.
As the date to the start of the hearings came closer, Russell and his team were rather quiet about their strategy and chose to concentrate on decorum and how Xander should act and conduct himself in court. Impressions made in the courtroom were very important, and Russell was determined to make sure Xander made the right one with the judge for various reasons. When the day finally came, Xander was dressed nicely but not too much. He wore a modest suit as he avoided the ones that might make him look too elitist. His parents and Lauren were waiting in the foyer for Xander as he descended the stairs. He looked over at Lauren who was also modestly dressed, but still looked very nice.
“You don’t have to come with us,” Xander reminded her.
“I want to,” Lauren said, “I’ll be alright.”
“Okay,” Xander said, as he took her hand when he reached the bottom of the stairs. “I guess we should get going then.”
Everyone was very quiet in the car as he drove downtown to the courthouse. Xander’s father had pulled some strings and they were able to use the back entrance to the courthouse rather than walk through the front door, and that meant sneaking around the press and not having to walk through a mob of protesters that also managed to form outside as well. Once in the building, Xander and Lauren could see Russell in the hallway speaking with his investigator and they quickly walked over to see him.
“Nice choice,” Russell said, checking out his suit. “I approve. Not too fancy and not too the other way. It’s just right.”
“What is going to happen today?” Lauren asked, somewhat curious.
“We’re going to sit back and allow Dick to present some of his case,” Russell explained, “And during that process I’ll get to cross whomever he calls and try to spoil his fun.”
“When do I take the stand?” Xander asked.
“You don’t,” Russell answered, “The point of this hearing is to see if Dick has enough to move forward. Putting you up there would reveal our strategy and I’m not ready to let him know what ideas we have brewing. Right now, my job is to poke holes in his case and make it look as weak as possible. If the judge believes there isn’t enough to move forward, he will dismiss the case and we’re done.”
“Just like that?” Xander asked.
“Don’t get too excited,” Russell warned, “Dismissals rarely happens. Dick doesn’t have to prove anything beyond a reasonable doubt yet. All he’s got to do here is just prove there’s enough to move forward. I’m still going to try my best, but I don’t want you to expect a miracle. Like I said before, worst case is we move onto trial. I still get a look at his case and gain valuable insight on how to kick his ass in round two.”
“Alright,” Xander said, taking a deep breath. “I trust you, and the process.”
“Good man,” Russell said, patting his client’s shoulder. “Just remain calm and try not to react to what you hear. I need you to be a statue. A lot of things are going to be said that you won’t like but I’ll get a chance to rebut as well. You’re here to observe and stand trial. I’m the one stepping into the arena, I do the fighting. We clear?”
“Crystal,” Xander replied, quoting one of his favorite movies.
“Let’s get in there,” Russell said, gesturing to the door. “We should grab some good seats for your family. I want them to all be front and center for the judge. A united front.”
“Alright,” Xander’s father said as he and his wife walked closer. “Lead the way.”
Russell opened the door to the courtroom and held it as everyone passed by him, and then he followed up the rear. Xander’s parents and Lauren took their seats behind the table that he and his lawyer would be sitting at. The three people there to support him would be less than a foot and a half behind him the entire time. Russell put his briefcase down and quickly opened it, pulled out a few pens, two blank pads of paper, and one pad that has a ton of notes already scribbled onto it. He gently sat down in his chair and turned to face his client.
“This pad is yours,” Russell started, sliding one of the blank ones over to him. “If you have a question, write it here and I’ll reply in kind when I have a moment. Do not speak or say anything that could be heard or misinterpreted by anyone in the courtroom. And no matter what is said by the witnesses on the stand, you cannot react, even if you know its false. We will challenge any claims being made, but there will be a time and place for everything. Outbursts are cute for juries, but not when it’s just a judge. So, keep a poker face at all times and roll with everything that happens, alright?”
“Alright,” Xander said, sighing deeply. “Poker face.”
“Good man,” Russell said, patting his shoulder. “We’re here to wage war, remember? I’m not going to go light on anyone here. Just because the odds are against us also doesn’t mean I’m not going to take a shot. I’ll try to win, but I can’t make any promises.”
“Fair enough,” Xander said, as he seemed to get it. “Just take your best shot.”
“You bet your ass I will,” Russell said, “Here she comes, stand up.”
“All Rise!” the bailiff called out, as everyone rose to their feet in compliance. “The honorable Judge Francine Marshall is now presiding!”
The Judge, a thin and rather stern looking lady in her early fifties strolled into the room and walked up to take her perch above everyone. She softly sat down and looked out at the sizeable crowd in her courtroom.
This tale has been unlawfully lifted from Royal Road; report any instances of this story if found elsewhere.
“You may all be seated,” she ordered, and everyone proceeded to take their seat. “Are the people ready to proceed?”
“We are,” Dick called back, as he appeared eager to get going.
“Call your first witness then,” she replied without even looking back as the judge appeared to be setting up her own notes and preparing for the hearing.
Dick stood to his feet, “The people call Detective Jones to the stand.”
A man walked into the courtroom, a tall man that was wearing a pretty nice suit. He took a seat on the witness chair and was sworn in before his testimony began. During initial questioning by Dick Burgess, the detective established when the complaint was officially started, which was a few days after the alleged incident took place. He gave details of the party, as well as how many people were there, who he interviewed as well as any evidence that was gathered from the scene after the fact. After getting the basic details of the case, Dick informed the judge that he was finished with his witness.
“Your witness, Mr. Russell.” The judge called out.
Russell stood up from his desk and slowly started to walk closer to the witness.
“Detective,” he started, “How many times did you interview the alleged victim?”
“A few times,” Jones replied.
“Do you know exactly how many times?” Russell pressed.
“More than once, but no more than a few.” Jones answered.
“How many times did you speak to my client?” Russell asked.
“None,” Jones answered.
“And why not?” Russell asked, “Were you not interested in hearing his side of the story?”
“We were afraid he’d just lawyer up,” Jones honestly replied, “When faced with such intense charges, that’s what they often do. That’s exactly what your client did when he was arrested, he kept quite and just asked for you.”
“Those are his rights,” Russell reminded the detective. “Now you mentioned earlier that the house this alleged incident occurred at was swept for your people in forensics, correct?”
“Yes,” the detective confirmed.
“When did that happen?” Russell asked.
“Four days later,” the detective answered.
“And did your people find anything that ties my client to this case?” Russell asked.
“No,” The detective answered.
“You found nothing,” Russell repeated, “No hairs, no DNA, not a single shred.”
“We believe he cleaned up after himself,” The detective answered.
“It had been four days,” Russell countered, “Isn’t it possible that was no cover up and that during Mr. Jannsen’s maid just got to the scene and cleaned up before your people arrived?”
“It’s possible,” The detective replied.
“It’s also possible there was no DNA to find,” Russell added, “Which could explain why there was nothing for your people to find. Isn’t that right?”
“Yes,” The detective answered.
“Nothing further, your honor.” Russell said, as he walked back to his desk.
“Please step down,” The judge ordered as she looked back to Mr. Burgess. “Call your next witness.”
“The people call Kent Jannsen,” Dick said, with an air of confidence in his voice.
Russell put a hand on Xander’s shoulder and tried to keep him calm as Xander’s friend walked into the courtroom and up to the front to sit in the witness chair. After he was sworn in, Dick Burgess stood up and walked over to his witness.
“Mr. Jannsen,” he started, “Were you not the host of the very party that this unfortunate incident occurred at?”
“I was,” Kent answered, “I was hosting a party for Dave’s birthday.”
“And the defendant, Xander Hopkins was there?” Dick asked.
“Yes, he was.” Kent replied, “He is friends with Dave and wanted to be there to celebrate the big day.”
“And when did you first hear about the incident we are all here about?” Dick asked.
“I was cleaning up,” Kent said, “So somewhere around two in the morning, when Dani came down the stairs. I remember she almost fell down and I ran to catch her.”
“You are talking about Dani Edwards,” Dick asked, “The defendant’s victim?”
“Yes,” Kent confirmed.
“Objection,” Russell said, standing up. “I prefer the court refers to Ms. Edwards as the alleged victim.”
“Overruled,” the judge snapped back, “No theatrics in my courtroom, Mr. Benson!”
“Yes, Ma’am.” Russell said, sitting back down.
“What did you notice about the victim?” Dick said, intentionally ignoring the words Russell asked him to use.
“Her clothing was torn,” Kent answered, “Her hair wet, and she had various injuries. It looked clear to me that she was attacked.”
“Objection,” Russell called out, “Speculation.”
“Sustained,” The judge ruled.
“I’ll rephrase,” Dick said, looking back at Kent. “Did Ms. Edwards tell you what happened?”
“Hearsay,” Russell called out.
“He’s right,” The judge said, “Move along, Mr. Burgess.”
“When did you call the police?” Burgess asked.
“Not that night,” Kent answered, “We waited until she was ready which wasn’t for a few days.”
“Did you take her to the hospital?” Dick asked.
“We did not,” Kent answered, “None of that happened until days later.”
“No further questions,” Dick said, looking back at Russell. “Have fun.”
“Your turn, Mr. Benson.” The judge called out.
Russell stood up and didn’t say a word as he slowly picked up a file folder form his desk and slowly approach the witness.
“I have one question for you Mr. Jannsen,” Russell started, as he walked closer to the witness and took a deep breath before asking. “What is your name?”
“What?” Kent said, surprised. “I gave you my name!”
“He’s right,” the judge answered, “Asked and answered.”
“I disagree,” Russell said, looking back at Kent. “It wasn’t properly answered.”
“Objection!” Dick called out from his desk.
“I’d like to remind the court that Mr. Jannsen is under oath,” Russell said, “So please answer as honestly as possible.”
“I did,” Kent replied, “I said my name is Kent Jannsen.”
“But it isn’t,” Russell said, as he opened the file he was holding. “According to this rap sheet from Cincinnati, Ohio, your name is Eric Sanders.”
“Excuse me?” Kent said, rather surprised.
“And I have another sheet from California,” Russell said, pulling out another form, “And according to this one, your name is Robert Allen. Colorado thinks you’re Jonathan Woods, and then there’s a guy named Samuel Nichols, who is wanted for several crimes in South Carolina.”
“Mr. Benson,” the judge said, again unimpressed. “Is there a question coming?”
“I’ll try again, your honor.” Russell said, “What is your name? And please remember that you are under oath and can be charged with perjury.”
“Daniel Mills.” The young man finally answered.
“Finally, some truth.” Russell said as he walked back to his desk, put down the folder he was carrying and picked up a new one and opened it while walking back to the witness. “Daniel Montgomery Mills. Born August 12th, 1998, in the heart of New Mexico. Correct?”
“Yes,” the man replied, “It is.”
“And you’ve got quite the rap sheet, Mr. Mills.” Russell said, flipping through the file he had on him. “Most of these charges revolve around blackmail and racketeering. So, the question I have here is: was this plan to extort my client Ms. Edward’s idea, or yours?”
The young man sat there, tight lipped as he had no idea what to say.
“Your honor,” Russell called out, his patience wearing thin.
“Answer the question,” The judge ordered the witness.
“No,” the young man former known as Kent answered, “I don’t want to.”
“Well, let’s try something else,” Russell said, eager to trap him again. “Was it your idea to blackmail a man named Gregory Hansen in Ohio two years ago, falsely accusing him of the exact crime my client is currently being accused of right now? Did you use the same girl to set up Mr. Hansen, or did you find someone else over there to pull off your racket?”
“I refuse to answer,” the witness replied.
“You have to answer,” The judge reminded him.
“At this time I would like to exercise my fifth amendment rights,” the young man declared.
“Your honor,” Russell said, throwing up his hands.
“The witness is dismissed,” The judge said, banging her gavel.
“Actually, your honor.” Russell said as he grabbed the witness to stop him from getting up. “There are multiple outstanding warrants in three states for Mr. Mills. I would recommend the Bailiff take him into custody.”
“So ordered,” the judge said, “Take him.”
Dick stood up and watched in disbelief as his witness was placed in cuffs and take into the back by the Bailiff.
“We’re going to break for lunch,” The judge said, “Be back here in an hour.”
“Is this your approach,” Dick said to Russell as the courtroom began to clear, “You’re going to attack the credibility of all of my witnesses?”
“If I have to,” Russell said, “Don’t take my word for it, have a look for yourself what a piece of shit liar your witness is.”
Russell handed a copy of Mill’s record over to Dick.
“I suggest you speak to your other witnesses,” Russell said, “Especially to Ms. Edwards, whose real name is Jessica Sandford… well, at least according to the state of Kentucky.”
Dick was about to say something but instead he kept the file Russell gave him, grabbed his own briefcase, and stormed out of the courtroom. Xander was standing behind his lawyer and had heard the entire exchange.
“Holy shit,” Xander said, looking at Russell. “Is this true? This Mills guy and her set me up just like that guy in Ohio?”
“It sure looks that way,” Russell said, “They were under the impression that if they accused you of something so heinous, you’d pay anything to make it go away. I have a feeling you’re not the only man to be set up by these grifters and they’ve managed to do it many times to other men across the country.”
“This is outrageous!” Xander said, as he couldn’t believe it.
“Don’t celebrate too soon,” Russell said, “We’re not finished yet. Let’s break for lunch and get ready for the next session.”