Come Christmas Steve
Chapter 35
The Trial Begins
Adam's assistant met with me a week later and told me that everyone had agreed to the bench trial. The judge was pleased that he didn't have to assemble a jury. The prosecutor was reluctant but he caved. This seemed like a good omen. Michael went over the list of witnesses and asked me tons of questions, taking detailed notes. We spent four hours together. I was mentally spent afterwards. He said the trial was only a week away since no jury had to be selected. I was excited and nervous. I wished I had D.D. to talk to and I wondered how he was getting along in his new hood at the big house doing his fiver.
I was a nervous wreck while I dressed in my new grey suit. The celly with the great singing voice straightened my tie for me before I left my cell. I was alone in the transport van and only spent a short time in the holding room until I was led to a consultation room. Michael and Adam were both there. Michael was looking very sharp in a smartly tailored, pinstripe suit.
"Ready for this?" Adam asked.
"No. And yes. Ready for it to be over," I said.
"I'm sure. This will go much faster without a jury. There is no need to play on the emotions or overkill certain points to make sure the jury gets it. Where you might use three witnesses to hammer home a single point for a jury, you wouldn't insult the judge's intelligence by doing that. Hence, things move along at a much faster clip. The prosecutor has reduced his witness list and so have I. It also saves a lot of time that would be spent on jury instructions," Adam explained.
"Good, I guess." I hoped it was good.
"Yes. It's good. One bad thing is that most judges are former prosecutors, so while they don't get wrapped up in the emotion of a case, they do still think like a prosecutor. They understand that you can't put too much store in small inconsistencies. There are some tough obstacles that we have to get past on this case."
Adam reviewed what would happen that first day with opening arguments and probably nothing else. We were called and we all walked in together. A bailiff walked right next to me. We went in a side door before the judge came in, who would sit at his elevated desk. We took our chairs on the left side. The jury box was glaringly vacant and I wondered if not having a jury really was such a good idea. Adam had convinced me not to testify in my behalf since we had the judge only, but I was only half convinced about it. It was nice to see my parents again. Colt and his parents sat on the opposite side behind the prosecutor's table.
"All rise," the clerk announced. "The honorable Judge Stern is presiding. Court is now in session."
We stood and I watched his entry. His name fit his expression. Judge Stern was very stern. I guessed he wanted to convey how solemnly he took the matter. Looking at him, I felt like he could give an honest judgment. We all then sat down at his request. He asked both attorneys if they were ready to proceed and both said they were.
"Very well, Mr. Thompson, let's hear what you've got to say."
"Thank you, your honor. Our case is divided into two parts. The first part centers on the defendant's exposure of his genitalia to the young boy, Daniel Thomas. You have already viewed the videotaped testimony of young Daniel so we will not review it again, unless you would like to. The question on this aspect of the trial is not whether exposure took place because that is an established fact. The question is whether or not that exposure fits the definition of being indecent. As stipulated, we will follow Montana State law as the appropriate standard for that."
He paused and glanced at his notes. "Not to lecture you on the law, but rather just to clarify our burden of proof, the statute asserts that if a person knowingly or purposely exposes the person's genitals or intimate parts by any means, under circumstances in which the person knows the conduct is likely to cause affront or alarm in order to either abuse, humiliate, harass, or degrade another; OR arouse or gratify the person's own sexual response or desire or the sexual response or desire of any person."
The judge listened intently. The prosecutor continued, "We intend to show clear evidence that Mr. Steele exposed himself to Daniel Thomas in order to gratify his own sexual response, thus meeting the definition of the criminal act."
Then he moved on to the other charges that dealt with Colt. "Our second phase of the prosecution will deal with the crimes perpetrated against young Colt Withers. We will show clear evidence, physical and testimonial, how Shane Steel groomed and then sexually abused this innocent young boy. We will show a pattern of behavior exhibited by Mr. Steele that is indicative of a pedophile."
He looked at his notes again and then said, "Your honor, since you are aware of who we are calling as witnesses and what evidence will be provided, I won't labor the court with a recounting. I simply want to close with a plea on behalf of the victims in these cases to get a dose of justice and to remove Shane Steele, who I firmly believe to be a troubled pedophile, from the ranks of society so he cannot harm any additional young victims."
With that, he sat down.
"Thank you for your clarity and your brevity," Judge Stern said. Turning to Adam, he asked, "Are you prepared for your opening remarks?"
"I am your honor." The judge nodded an approval to proceed.
Adam stood and addressed the two phases of the trial. "Your honor, we will show more than sufficient doubt as to the prosecution's supposition of my client's motives behind assisting the young boy in Yellowstone. We do not dispute the unavoidable exposure, only the prosecutor's strained attempt to conjure up some ill intent in the action. We will show more than ample evidence that Shane's actions were not only unplanned, unassuming, and innocent, they were even altruistic. He simply wanted to help a young boy with an urgent need to urinate get into his room so he could do so. There was obviously no premeditation, grooming, or any other devious aspect to the situation. After the boy took care of his business, my client used the opportunity to dress in borrowed clothing of the boy's father in order to retrieve a room key and gain access back into his own room, which he had accidentally gotten locked out of. Basically, much ado about nothing."
Adam paused to let that sink in. Then he continued, "In the video testimony we will review, young Daniel described the events in a very matter of fact manner, void of any adverse emotion. He clearly stated that he was not touched on his privates and he clearly stated that he only reached out and touched Mr. Steele's exposed, flaccid penis with his finger. Natural curiosity of a young boy. Events unfold quickly sometimes and you consider alternative actions only later, such as grabbing a towel off a rack to cover up with, or even leaving the room perhaps while the young boy is urinating. In the moment, Mr. Steele simply assisted the boy with the locked door, assisted him again with his belt or cummerbund as it were, and then stepped aside while little Daniel took care of his urgent need. Normal helpful behavior of an adult towards a child with a need. We will show that all of this was innocent circumstance without any indication of a sexual experience or gratification being involved for either Daniel or Shane."
Adam paused again. "No ill intent, no crime. No proof of ill intent, no case."
"As for the Colt Wither's accusations, your honor, there are so many questions. So many things that just force you to pause and wonder. Why? How?"
Adam paused and said, "We will lay out the inconsistencies throughout the case as it unfolds, so I will not labor you with them at this phase. Let's proceed." Adam sat down.
"Very good. Mr. Thompson, are you ready with your first witness?"
"I am, your honor."
"Call your first one then and let's get started."
"I call Federal Agent Caprino of the FBI."
I watched as Agent Overcoat, as I had first called him, was led into the room. Agent Caprino was sworn in and took the stand.
"Mr. Caprino, can you tell us how you first came into contact with the defendant, Shane Steele?"
"I was on an undercover assignment infiltrating the child sex ring being operated by Judge Arthur McMahon. As part of that assignment, I was looking into what Mr. Steele's role in the disappearance of Steven Fahrenheit was. That investigation led me to speak with one of the Montana State University students who accompanied Mr. Steele and Steven Fahrenheit to Yellowstone National Park for a New Year's Eve road trip."
"What was this student's name?" asked the prosecutor.
"Wesley Jensen. He informed me of the details of their visit to Yellowstone and as part of that, he told me of the incident between young Daniel Thomas and Shane Steele."
"I see. And that is why you reported it to authorities after the sex scandal was broken up?"
"Yes. Mr. Steele's persistence in finding the truth about Steven Fahrenheit's disappearance helped break up the sex ring and he and his friend even saved my life after my cover was blown. However, I had a duty to report what I knew so that it could be properly investigated, and I did that."
"Did you tell Mr. Steele that you intended to report it?"
"I did."
"And did he try to talk you out of it?"
"He did. Who wouldn't? He explained to me that it was just an innocent, albeit odd, situation."
"While you were still undercover with the sex ring group, you took the opportunity to interrogate Mr. Steele, didn't you?"
"I did."
"According to transcripts from that sex ring trial, Shane Steele told you about two young boys that he accompanied to the bathroom in a diner, while he and his college roommate, convicted felon Steven Fahrenheit, were traveling back to college on a bus. Can you fill in some details on what he told you?"
"He said the single mom they were sitting next to on the bus also sat at the same table in the diner during their lunch. She wanted to take the boys into the ladies room with her, but the boys objected. He told me that he offered for him and his friend, Steven, to take them to the men's room. Steven, however, objected strongly to doing it. Mr. Steele thought it was odd that Steven was so adamantly opposed to it."
"Did Mr. Steele tell you whether he took the boys into the bathroom by himself?"
"Yes. He did take them by himself."
"Did it trouble you that Mr. Steele took two young boys, total strangers, into a bathroom alone?"
"I didn't give it much consideration other than to make a mental note of it," Agent Caprino responded.
"During that interrogation, did Mr. Steele also divulge the incident in Yellowstone with young Daniel?"
"I don't know if reveal is the right way to describe it since I showed him a copy of the hotel security video that I had obtained. I pretended that was part of why we had arrested him. Of course, I was still undercover as an FBI agent, pretending to be an FBI agent. But as far as Mr. Steele knew at that time, I was FBI. After seeing the video, he did elaborate on it a little bit."
"Please share what he told you."
"Mr. Steele told me that after he helped get the boy into his room that he also helped him get undressed and stood by while the boy relieved himself. Mr. Steele told me that the boy reached out and touched his penis with his fingertip but assured me that he did not touch the boy in any way at all. Then he told me what I already knew. He took some shorts and a shirt from Mr. Thomas' drawer and used them to go down to the lobby in order to get a replacement key for his room."
"During your interrogation, you also accused Mr. Steele of being inappropriate with some young boys at Longfellow Elementary School who were in the after school program where he worked as an after school tutor. Tell us about that."
"There were three young boys that Mr. Steele interacted with. I learned from Mr. Steele's dormitory friend, Wesley Jensen, that he worked there. I went by the school and this female tutor told me that Mr. Steele played four square with three of the younger boys nearly every day that he worked," the agent stated.
"If he was a tutor, why would he be playing four square?"
"After the homework was done, they could play until their parents showed up. It was a service to working families."
"You said it was three boys, not two?" the prosecutor asked.
"Yeah. It was three."
"Do you remember their names?" Prosecutor Thompson asked. He seemed puzzled.
"Only because I reviewed my transcript notes last night. They were Mitch, Tanner and Dylan."
"Not Landon and Curtis?" the prosecutor questioned.
"No. Just Mitch, Tanner and Dylan."
The prosecutor made a note. Adam scribbled a note to me? "What the hell? You never told me about them." I scribbled back that nothing happened to bring them up. I'd completely forgotten that Agent Caprino had accused me of abusing them when he interviewed me. I knew it was all bogus.
"And why did you accuse Mr. Steele of abusing these boys. Did you have some evidence of it?"
"No. I just had their names. It was just for shock value to try and get Shane, or Mr. Steele to come clean with me about his roommate's disappearance. I really thought he was somehow complicit in Steven Fahrenheit's disappearance. I turned out to be wrong about that. The woman at the school said he'd never done anything even remotely inappropriate while working there. She said everyone liked him and she asked if he was okay. I didn't let on why I wanted to know about him."
"What was Mr. Steele's reaction when you accused him?"
"He denied it, of course. He was adamant about it."
"But his coworker only told you about these three boys. Did she mention any little girls that he interacted with?"
"No. Just those three boys. I only spoke with one of his coworkers. She gave me what I needed and so I didn't pursue anything further."
"From your experience pursuing pedophile predators, did Mr. Steele's interactions with all these young boys give rise to concern? Do you see a pattern in it?"
"Not necessarily. Taken out of context maybe. But I'd have to know more to make that kind of a judgment. He seemed very sincere in his denials to my accusations."
"Thank you. That's all." The prosecutor sat in his high back, wooden chair.
"Mr. Christopherson?"
"Thank you, your honor."
Adam stood and addressed Agent Caprino. He had him relate the entire experience in regards to the search for the thumb drive. He had him relate the harrowing events at the river and how Whittaker's actions had saved his life. Agent Caprino recounted his viewing of the security camera video.
"Agent Caprino," Adam began, "What is your professional assessment of Mr. Steele's demeanor and intent from viewing the video?"
"Objection. Your honor, counsel is asking the witness to speculate on the defendant's motives and he is not qualified to do so."
"Your honor, if I may?" Adam interjected.
"You may."
"Agent Caprino is trained as an undercover investigative agent. He is extremely qualified in reading body language, innuendo and evaluating minutia to make a reasonable determination on people's motives. It is what he does. Mr. Thompson just barely finished asking his professional opinion on this very matter. How can he possibly object to me doing the same thing?"
The judge smiled despite his attempt not to. "Overruled. Proceed." The prosecutor dropped into his chair in disgust.
"So based on your highly qualified, professional judgment, Agent Caprino, please elaborate on what you perceived."
"The defendant was clearly hiding behind the plant in order to not be discovered. Only when he saw the boy trying to get into his room and obviously in need of urinating, did he emerge from his hiding place and approach him. If he had immoral designs, he would have quickly jumped at the chance to expose himself to the boy. There was reluctance in his actions and movement. He made no sexually overt actions, but focused solely on helping open the door. Until he needed both hands, he covered himself in the privates area with one hand."
"Other than that interview while you were posing as an FBI agent, did you have any other chance to talk to Mr. Steele about the Yellowstone incident?" Adam asked.
"I did after the events near the river where Mr. Steele's other college friend, David Whittaker, saved my life. He was forthcoming about what had happened. He gave me no indication that he had any goal in mind other than to help the boy and to find a solution to get back into his own room."
"Thank you. That's all for me."
"You may step down," Judge Stern instructed. Agent Caprino caught my eye as he left. I could see he wanted to apologize for getting me into this mess. At least that's what I felt.
"I call Wesley Jensen," the prosecutor said. Wesley sauntered in and took his place smartly on the stand.
"Mr. Jensen, tell the court how you know Mr. Steele."
"We both attended Montana State University and we had dorm rooms on the same floor. My roommate and I became friends, sort of, with Shane and his roommate, Steven Fahrenheit, who was sent to prison for being involved in that kiddie porn sex ring case. I helped to break that case open," he crowed.
"Did you speak with Agent Caprino of the FBI regarding Shane's involvement with the young boy, Daniel Thomas in Yellowstone?"
"Yeah. I told him all about it. The whole freaky, gay trip."
"Explain what you mean by that, please," the prosecutor prodded.
Wesley went on in great detail about the trip to Yellowstone. He told about the hay ride and how I had played it up with little Daniel and the caroling. He told about going out into the woods together. "We stopped along the trail and we all pulled our dicks out to take a leak. Shane popped a boner and then suggested we all jack off together. It was totally weird, and his boyfriend was all for it too. Well, we found out later that Steve was Shane's boyfriend, but anyway, Shane's gay boyfriend, Steve, wanted me to stroke his dick for him and he stroked mine back for me and then we all sort of started stroking each other's until we shot our stuff. I didn't really want to join in but they pressured me into it. They're all gay but I'm not. I'm straight."
"Who stroked Mr. Steele's penis?"
"The other two guys. Not me. I only touched Steve's because he wanted me to. Whittaker, my roommate, started doing Shane's, no wait. Steve started doing Shane's, then Whittaker took over until he shot his load, then Steve finished Shane off after that. Yeah. That's it."
"When Mr. Steele ejaculated, did he do or say anything unusual?"
"Yeah, he kind of muttered something," Jensen said.
"Could you tell what it was he'd said?"
"No. Not then. I asked his roommate, Steve, about it later on, after we switched roommates, when we got back to school, and he told me what it was Shane always says when he cums."
"And what was it that Steve told you he mumbled then and has a habit of saying," the prosecutor asked.
"Cum Shaney, Cum!" Jensen grinned. "Weird, huh? Steve told me that Shane always does that whenever he shoots his load. It was like a ritual thing with him. Me, I just curl my toes." The judge looked away to hide his snicker.
"Interesting," said the prosecutor.
The prosecutor then led Jensen through a complete explanation of how he came to my room to borrow some cologne and a condom and found me naked in the hotel room.
"Are you aware of what happened shortly after that between Shane and the young boy in the room next door while Shane was naked?" the prosecutor asked.
"Yes I am. Steve told me all about it when he was staying in my dorm room with me for a while. The idiot got himself locked out of his room and was hiding behind a plant in the hallway when that little Daniel kid came up to use the bathroom all by himself. Shane came out of hiding and helped the little kid get into his room and then the idiot followed the kid into his room, all naked. Then he followed the kid into the bathroom and stood there while the kid took his piss. He popped a boner over it and the kid reached out and touched it. Then the parents showed up and Shane hid in the bathtub with the shower curtain pulled. He got so lucky that he didn't get caught in there. Good thing the parents showed up or Shane probably would have done some nasty shit with the kid."
"Did Steve tell you anything else?"
"I guess that's why we left without breakfast the next morning. Steve had lectured the idiot, Shane, about how inappropriate and stupid his actions were and Steve just wanted to get out of there in case the kid told on him and we ran into the family." Jensen was very smug in his responses.
"Did you run into the family?" the prosecutor asked.
"Not at the hotel, because we left so early. But by coincidence, we did meet up with them later out by some hot springs we were visiting on our way out of the park."
"And what happened there?"
"The little boy saw Shane and squealed his name out and came running up and gave Shane a big hug around his legs. The dad came up after him and thanked Shane for letting his son into the room the night before. I guess Steve was about to shit a brick over it. He thought the kid's dad was probably going to punch Shane out or something. The boy had obviously told his dad about what happened, I guess, but he must have left out the naked part. The kid's old man was all appreciative that Shane had helped the kid."
"What was the boy's demeanor towards Shane?" asked the prosecutor.
"He was like looking at him like some kind of hero. He was almost looking at him lovingly like a big brother or something. He did something weird at the end as his dad was walking away, though."
"What did he do?"
"The little boy did some karate chops and kicks and then Shane did a couple back, which made the kid smile really big and then run off."
"Okay, thanks," said the prosecutor.
Then he directed Wesley to move on to the time that Steve and I got into a quarrel and switched roommates because of it. Wesley claimed that Steve told him all about how annoyingly horny I always was and how I got mad if I didn't get sex from Steve all the time. Wesley told about how Steve and I let Whittaker watch us have sex in Yellowstone and claimed it was my idea because I liked to be watched. Lastly, Wesley described how he had hooked us up with Calvin and how Whittaker and I had gone to him to crack the code on the thumb drive. He claimed that Calvin told him that I was fascinated by the pictures of naked boys on the thumb drive after Calvin cracked it and wanted to see all of them. That was a complete lie. I had been thoroughly disgusted and didn't want to see them. Wesley claimed that I was such a gay slut that I traded sex with Calvin as payment for helping us decode the files. Wesley also claimed that Calvin told him how I was all turned on and got a major boner from watching him and Whittaker going at it.
"Tell us how you knew Calvin," the prosecutor asked.
"We were in choir together. He told me all about what he was doing to crack the code on the thumb drive and about the sex he was having with my roommate, Whittaker. That was the payment he was getting for working on cracking the code on the thumb drive."
"Was he also having sexual relations with the defendant, Mr. Steele?"
"Some. Mostly with Whittaker though, but Shane liked to watch."
"How do you know that?" the prosecutor probed.
"Both Calvin and Whittaker told me so."
Then he turned Jensen over to Adam.
Adam got permission from the judge to approach the witness and walked right up close to Jensen. "Mr. Jensen, what is your opinion of gay men?"
"I don't know. Not that good, I guess."
"What do you think of Mr. Steele. Do you like him?"
"No. Not really. I think he's a creep, actually."
"Do you think he did the things he is accused of?"
"Yeah, probably. I mean he seems like the type."
"You mentioned that Shane's roommate, Steve, stayed with you while your roommate, David Whittaker, moved in with Shane for a while. Why was that?"
"Shane and Steve got into some kind of lover's quarrel."
"Do you know what it was over?"
"Shane got mad because Steve was so secretive about his past and was always too busy with school work to give him all the sex and attention he wanted."
"And you testified that during this time, Steve shared some of the details with you about what happened with the young boy, Daniel, in the hallway. That was all second hand information, wasn't it?"
"Yeah, obviously."
"Are you testifying that Steve told you that Shane got an erection while watching the child urinate? Are you absolutely certain of that?"
"I think so. Yeah."
"You think so? Or you remember for certain?"
"I remember."
"For certain?"
"Yeah. For certain."
"Were others present when Steve told you these things?"
"No. Just us in the dorm room." Adam paused and let that hang. Then he continued.
"Did the father seem upset when he spoke to Shane out at the hot springs?" Adam asked.
"No. I said that already. That's the weird part. He must not have known about Shane being naked with his kid, I guess."
Adam was done. Jensen had been a bad witness for me overall. He was such a liar.
Next up was Whittaker. He looked pained as he took the oath and sat down.
"Mr. Whittaker, how well do you know the defendant?"
"Well."
"Describe your relationship."
Whittaker detailed out how we were dorm acquaintances and then became friends. He related the whole Yellowstone outing, but clarified that Jensen had been the one to suggest jacking each other off instead of just doing ourselves out in the woods. He did affirm that I'd gotten an erection while we were peeing off the side of the log. Whittaker also told his version of my story about Daniel according to his memory.
"Did he seem to think it was funny?" the prosecutor asked.
"No. I mean, I kind of thought it was funny when he told me about it, but Shane didn't think so because this whole trial mess came out of it."
The prosecutor shrugged that off. "Mr. Whittaker, did you actually masturbate Mr. Steele in the woods?"
"Yes."
"When he ejaculated, did you hear him mutter something?"
"Not that I remember. No."
"Have you ever had sexual relations with Mr. Steele?"
Whittaker paused, looked at me and answered, "Yes."
"More than once?"
"Yes."
"Did you watch while Steven Fahrenheit and Shane Steele engaged in gay sex in their hotel room in Yellowstone?"
"Yes. I watched."
"With Shane's permission?"
"Eventually. He was against it, but Steve talked him into it. Shane gave in only after I promised to just stay under the covers. I didn't have a place to stay since my roomie, Jensen, was entertaining a girl in our room. Shane didn't want me in there."
"Have you noticed any quirky things that Mr. Steele says or does at the moment he ejaculates?"
"Yes."
"What is that?" The prosecutor was smirking.
"He likes to say, 'Cum Shaney, Cum.'" Whittaker answered reluctantly.
"Does he do that every time?"
"I don't know about every time, but he does it a lot," Whittaker answered honestly.
"You have obviously seen Mr. Steele's erect penis, have you not?"
"I have."
"Would you please describe it?"
"Objection," Adam called out.
"Overruled," said the judge immediately. "Answer the question please."
"It's about five or six inches. It sticks up. I don't know. It's just a regular penis."
"Is it circumcised or does it have any unique curvature, markings, etcetera?"
"He's cut, yeah. It curves a little to the left I guess. Not severely or anything. Nothing else really."
"What about the glans. Is it smaller or larger than the shaft?"
"Umm," Whittaker looked over at me as he thought it over. I had to look away so as not to smile.
"Smaller." He really had to think about it.
"That's unusual, isn't it?"
"I don't know. Is it? Penises are all pretty random, if you ask me."
"Objection!" Adam called out.
"Sustained. Move on please," Judge Stern instructed.
The prosecutor took a completely new direction. I don't feel like he had a clear direction for pursuing that penis description anyway. I wondered if he was going to have Colt testify about my penis later on, but Adam could just claim that Colt had heard Whittaker's description and was just mimicking it, so it made no sense to me. If that was his plan, it wasn't a very good one. "Mr. Whittaker, does Shane have a preference for a certain type of sexual activity?"
"I don't know. Ask him."
"All right, has Shane expressed any particular preference to you?"
Whittaker squirmed a bit. "Sort of."
"All right. What SORT OF preference has he expressed?"
"He prefers to be the bottom." Whittaker muttered. The recorder asked to have him speak up and he had to say it again, louder. "He prefers to be the bottom," Whittaker said loud and slowly.
"Meaning that Shane prefers to have his partner insert their penis into his anus?" the prosecutor asked.
"Yeah. That's what it means."
"Did Shane ever ask you to insert any other objects besides your penis into his anus? Sex toys, brush handles or anything of that nature."
"No. He never asked me for that."
Moving on, the prosecutor asked, "Mr. Whittaker, once your friend, Calvin, cracked the code allowing you to view the pictures, what was Mr. Steele's reaction to them?"
"Shock, I'd say. He was disappointed to see Steve included among them."
"Did he seem fascinated or intrigued by them?"
"No. He was disgusted like the rest of us," Whittaker declared.
"How many did he view?"
"I don't know. I didn't count."
"Did you view them along with him?"
"Yes. Both Calvin and I were there."
Whittaker was forced to admit that I refused to go to the police even after we knew what was on the thumb drive. Whittaker emphatically insisted that I did not like seeing the pictures of the boys on the thumb drive, however. That refuted what Jensen had lied about.
"On the night that you were seized by the men from the boys home sex ring, had you been enaged in sexual acts with Calvin and Shane?"
"Uh, yes. How did ...?"
The prosecutor cut Whittaker off, not allowing Whittaker to ask his question. The prosecutor asked a clarifying question, "Shane participated in these sexual acts, in a three way experience, did he not?"
"Yes. He didn't really want to, but Calvin insisted on it. He claimed it was owed to him for his help he'd given us in looking for Steve."
"Please describe the sex acts you each participated in," the prosecuter said.
"Your honor," Adam objected.
"Mr. Thompson, this had better be essential and relevant. There is no jury here and I am not impressed by sexual sensationalism. In fact, I'm bothered by it. I think you have more than adequately established that everyone involved was sexually active," the judge warned.
"I'll pursue a less sensational approach," the prosecutor responded. "It is important testimony, I assure you."
"Mr. Whittaker, when Mr. Steele agreed to join in, what was his role to be?"
"He gave Calvin a blowjob while I," Whittaker looked at the judge and said, "Can I use the F word in court?"
"No need. We have the image," the judge answered.
"At this point, did Mr. Steele make a request of your friend, Calvin?"
"Umm, no. I don't think so. What do you mean?" Whittaker asked, confused.
"Did he request to have one of Calvin's numerous penis-like sex aids inserted into his anus?"
"I don't remember that," Whittaker snapped.
Let me give you something that might help you remember. The prosecutor took a file off the evidence table and handed it to Whittaker. As Whittaker opened it, the prosecutor asked, "While being detained by the sex ring under the guise of being the FBI, you, Calvin, and Shane were all questioned individually, were you not?"
"Yes. We were. It was all a sham staged by the thugs from the child sex ring."
"That's right, it was. What I've given you is a transcript of a recording that the real FBI undercover agent, Mr. Caprino, made while questioning your friend, Calvin. Since Calvin cannot testify due to his unfortunate murder, please read for us the highlighted responses to Agent Caprino's questions." Whittaker read,
Agent Caprino: What were the three of you doing just before we arrested you?
Calvin: Having a three way.
Agent Caprino: Why?
Calvin: Celebrating that we figured out the link between the thumb drive and the
boys home and Judge Arthur McMahon. I'm certain this fool must be the guy from
the orphanage that Shane's roommate talked about so much.
Agent Caprino: You figured that out by looking at the thumb drive?
Calvin: Pretty obvious really.
Agent Caprino: So you have the thumb drive. Is it hidden in your apartment?
Calvin: No. You guys took it. It was plugged into one of my laptops that you stole.
Agent Caprino: You are a pathetic liar. Wait here.
Calvin: I'm not lying. You took it. You took it.
Agent Caprino: Hold out your arm.
Calvin: What is that? What are you doing to me?
Agent Caprino: It's a lie detector. (Pause) Okay, it's ready. (Pause) What's your first
name?"
Calvin: Calvin
Agent Caprino: Where do you attend school?
Calvin: Montana State University.
Agent Caprino: What's your age?
Calvin: I'm nineteen.
Agent Caprino: Do you know Shane Steele?
Calvin: Yes.
Agent Caprino: Did Shane give you a thumb drive with encrypted files on it?
Calvin: Yes.
Agent Caprino: Did you decode the files?
Calvin: Yes.
Agent Caprino: Did you find images of child pornography on them?
Calvin: Yes.
Agent Caprino: Who have you told about this?
Calvin: No one. I mean no one besides Shane and David.
Agent Caprino: Hmm. (Pause) Do you know where the drive is at now?
Calvin: No. Your guys took it.
Agent Caprino: Let's try again. Do you know where it is at now?
Calvin: No.
Agent Caprino: You're lying.
Calvin: I'm not. I don't know.
Agent Caprino: I guess we will have to use some more persuasive measures.
Calvin: No! (Incoherent pleading and sobs) (Pause) Don't taser me again.
Agent Caprino: Tell me the truth then. Where is the drive?
Calvin: I told you. I don't know.
Agent Caprino: Okay, stand up.
Calvin: Why? (Whimpering)
Agent Caprino: Do it!
Calvin: Okay. Okay.
Agent Caprino: Drop your pants and boxers.
Calvin: What? Why?
Agent Caprino: Because I'm going to taser you in the nuts. If you think it hurt the last
time, wait until you feel this. Then you'll tell me the truth.
Calvin: No. Please no. I'll tell, I'll tell. It's hidden in a dildo.
Agent Caprino: Where is this dildo at? Where do you keep it?
Calvin: I keep them all in a drawer by my bed. That one's not there though. I'm not
sure, but it's probably on my bed or under my bed.
Agent Caprino: Why is it not with the others?
Calvin: We were using it when you guys busted in and took us. We were just
finishing up having sex together.
Agent Caprino: All three of you were having sex?
Calvin: Yes. Shane wanted something up his ass. He likes that. He usually just
watched us but this time I made him join in. So I gave him the dildo that had the
thumb drive hidden in it for his ass plug, like he asked for. It's there somewhere. It
has to be on the bed or maybe beside it. Just don't taser my balls. Please.
Agent Caprino: If you told us the truth, then you're safe. This can all be over. You
can never talk about what you did or what you saw or what we did here.
Understand?
Calvin: Yes. Yes. Yes."
Whittaker handed the folder back to the prosecutor and began wiping his eyes on his sleeves.
The prosecutor asked, "Are you all right?"
"No! I'm not fucking all right. Those assholes took Calvin back to his apartment, got the damn thumb drive and then killed him. They shoved that fucking rubber dick down his throat and suffocated him with it. I loved him. He was innocent. He didn't deserve it. He was a good person. He was an innocent victim just like Shane is innocent."
"I'm sorry for your loss," the prosecutor said, sounding almost sincere. "Do you love Shane Steele?" Whittaker choked back his tears and looked at me. "Yes. I'd say I love him. Yes." Then it was my turn to choke back the tears.
"That's all." The prosecutor sat back down.
I really regretted having my parents present and hearing all of that and decided to ask Adam to have them leave. I wrote it on the pad of paper and Adam whispered, "Too late. Would look bad to the judge if we ask."
Adam took his turn with a frazzled Whittaker, who was struggling to compose himself. I'd always thought of Whittaker as a rock.
"Mr. Whittaker, are you able to carry on, or do you need a break?"
"No. I can go on. Thanks."
"All right. Mr. Whittaker, you were living with the Steele family at the time Shane was arrested over the Colt Withers matter, correct?"
"Yes. I was."
"Why is it that you and Shane's parents were not home that day?"
"We got a call that someone wanted to meet with us regarding becoming a distributor of the farm implement sprayer that Mr. Steele invented. The meeting was out of town."
"Why did that involve you?"
"I'm helping them with the business."
"I see. And how did that meeting turn out?"
"Bad. The guy ended up being a joke. He and his wife were just scammers. They wanted us to front them money to start a distributorship. It was a major waste of time."
"Do you remember his name?"
"Yes, Nigel Barnes. If that was his real name. I wouldn't doubt it was an alias."
"While you lived with them, how often did Shane go off running or on long walks by himself?"
"Almost never. Maybe twice. He was laid up for a long time after he got beat up by that homophobe. I always went along with him after he started feeling better enough to walk and jog again. I didn't want to take a chance of that asshole coming back after him."
Adam asked him to expound and he told what he knew about the beating that Shane had taken.
"Do you know who it was who did that to Shane?" Adam asked.
"No. He wouldn't tell me. He said he didn't know, but I was never sure if he just didn't want to say."
"Regarding your testimony about Shane telling you the story about little Daniel in Yellowstone, did Shane tell you that he got an erection or was sexually aroused at any point in the course of those events?"
"No. He never mentioned that. He told me he was nervous and scared and just wanted to help the kid and then find a way to get back into his own room."
"You also testified that Shane was reluctant to let you be in the room while he and Steve engaged in sexual relations. Additionally, you testified that Shane had to be talked into joining in with you and Calvin in a three way. Did Shane ever convey to you that he liked to watch others have sex or liked to be watched while having sex?"
"No. Definitely not. He wanted sex to be a private thing. Always."
"Thanks. That's all."
Next up was my brother, Billy. I was really dreading that.
"William, or do you prefer Billy?" the prosecutor asked.
"Billy." He snapped it out with disdain.
"Did you and Shane share a bedroom and a bathroom growing up?"
"Yeah."
"During that time, did you see your brother naked?"
"Yeah. So? I saw all my brothers naked."
"Would you say, that you saw Shane naked more often than your other brothers?"
"Yeah. Sure. We shared a room."
"Did he see you naked?"
"Yeah. So?"
"Did you and Shane engage in sex play ever? You are only a year apart, I believe."
"No. Never. That's sick."
"But didn't Shane encourage you to get undressed and be naked around him? When you were younger?"
"No. never."
"Did he ever entice you to touch his private parts?"
"NO!"
"I have a rather delicate question next. It's important that you answer it honestly and completely. We have corroborative witnesses who can testify as to what you have told them."
"Huh? What's carbative mean?"
"Corroborative. It means we have other witnesses who can back something up."
"Oh. So what's the question?" Billy snapped.
"Here's the question, Billy. Did Shane teach you how to masturbate?"
"Objection," Adam called.
"Overruled for now," answered the judge. "Let's see where this is going. Prosecutor, this better be relevant. Remember there is no jury and I am not impressed by sensationalism."
"Yes sir," he acknowledged.
The court reporter repeated the question for Billy at the judge's request.
Billy scowled and glanced at his parents. "Yeah. Kind of."
"Kind of? How specifically did it 'kind of' happen?"
"I heard Shane doing it in the bathroom and I peeked through the crack in the door."
"Doing it? Exactly what was it that he was doing? Please describe it in as much detail as you can recall."
"He was naked and sitting on the toilet seat. He was, you know, doing it - rubbing it until he squirted."
"Was there something else he was doing? Something, umm, more unusual that he was doing while he was rubbing his penis?" The prosecutor had a slight smirk.
"Yeah. He was using a brush."
"In what manner?"
"Geez, really?"
"It's very important to the case. Please be specific as to what you saw."
"He was using the handle of the hair brush to slide it in and out of his butthole. Okay?"
"Did you try doing that?"
"Once. I didn't like it."
"Did Shane ever try to get you to do it to him or did he ever ask to let him do it to you?"
"NO! I told you that we never did sex stuff together, ever."
"Okay. Thanks."
"So, am I done?" Billy started to get up.
"Not quite. One more question. I imagine you were aware of your brother masturbating in his bed over the years that you shared the bedroom with him. Is that right?"
"Yeah. We both did it, but we always pretended we didn't know the other one did. So what?"
"Typical experience of brothers sharing a room, I'm sure. My question is, when he would have his orgasm, did he have a particular thing that he almost always said out loud?"
Billy paused. He was deciding whether to lie or not. "Yeah."
"And? What was that?"
"Cum Shaney, Cum."
"Thanks. That's all." The prosecutor sat down smirking.
Adam took his turn.
"Billy, can you tell me, in all the years you've been with your brother in school and on sports teams, has he ever flirted with other boys?"
"Flirted? No. Boys or girls. He's not a flirt. He's way too shy and kind of socially awkward."
"Did he ever bring boys home or go hang out with other boys?"
"No. Never."
"Okay. Thanks." Adam was done.
It didn't seem like Adam was making any effort. My friends and even my own brother were blasting me. He didn't ask hardly any questions. I was squirming. This was looking bad and I started regretting not taking the eight year offer. I knew it was too late. I felt a mild wave of panic stir in my gut. I wondered if Adam had sort of given up on my case.
The next witness was Steve. My heart skipped a beat when his name was called. I turned excitedly to watch him enter the door. He was dressed in a pale blue shirt, a dark blue tie with thin red lines angled across it. He looked at me and smiled. A warmth spread through me. He looked good. He looked like his old self, like back in the dorm room and at our ranch. He seemed at peace. I was so happy to see him that way.
The uneasiness I had felt so far in the questioning was replaced with a sudden giddiness in seeing the boy I loved so much. I was hopeful that Adam would use Steve to reshape the direction of the trial so far. I knew I could rely on Steve to stand up for me. I knew he wouldn't lie, but I also knew he would use his quiet plainness to help the judge realize I was a good person. I was excited as Steve took the stand.
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In the next chapter, soon to follow, the remainder of the trial will unfold and Shane's fate will be determined. Hans h.schreiber@hushmail.com