Theodore Boone: The Activist (9 page)

Mr. and Mrs. Boone eventually left. Star returned for the night shift. Dr. Kohl examined the dog around 8:00 p.m., then said his good-byes. As always, he would be waiting by the phone.

Another long night began.

Chapter 16

A
t dawn on Sunday morning, two deputies knocked on the door of a small brick house in a rural part of Stratten County, near a community called Tuffsburg. The owner finally came to the door and demanded to know what was going on. When asked his name, he replied, “Larry Samson.”

“Then you’re under arrest,” one deputy said as the other unhitched a set of handcuffs from his belt.

“For what?” Samson demanded.

“Assault. Step outside. You’re going with us.”

Samson argued for a few minutes, but soon backed down and surrendered, griping the entire time. The deputies suggested he shut up as they shoved him into the rear of the squad car.

At that same moment, three other men were being arrested at various points around the county. Shorty, as he was known to the boys, was actually Lester Green. The supervisor of the Strategic Surveys crew, the older guy, was Willis Keeth. The fourth guy, the one who tripped Woody, was Gino Gordon. All four were taken to the Stratten County jail, where they were processed, fingerprinted, photographed, and charged with assault and trespassing. After a couple of hours of phone calls and paperwork, they were released on bond and given dates to appear in court.

Once they were in custody, a police officer, a Captain Mulloy, drove to the vet clinic to meet with the Boones. Captain Mulloy had been around for a while and was well-known and respected, especially by the older lawyers in town. He had been monitoring the situation that began on the Quinn farm Friday afternoon and involved a badly wounded dog now fighting for his life. Captain Mulloy was also a member of the church where Hardie’s father was the minister, and thus knew the Quinn family well.

Theo’s father always said life in a small town can be irritating because everyone knows your business, but at the same time, it can be easier and safer because you know the right people. Captain Mulloy was one of the good guys.

He arrived at Dr. Kohl’s clinic and found Mrs. Boone in the reception area, a quilt over her legs, reading the Sunday newspapers. She explained that she had been there about an hour; that Theo and his uncle Ike were back there in the exam room, where they’d spent a second night in a row; and that Dr. Kohl was expected any moment. There was no change in Judge’s condition.

Captain Mulloy and Mrs. Boone drank coffee for a few minutes as he told her of the arrests. Halfway through the story, Theo and Ike appeared in the reception area. Theo, who hadn’t bathed since Friday morning, looked as though he’d been sleeping on the floor, which he had. And Ike, well Ike always looked rumpled and wrinkled with his long, straggly gray hair pulled into a ponytail. After introductions, Captain Mulloy asked, “So how’s the dog?”

Theo replied, “Hanging in there. A slight heartbeat, but not much else. Still unconscious.”

“Sorry to hear that,” Captain Mulloy said as he reached for a file. “Let me show you something.” He removed four large color photos, each of a different face, and laid them on a coffee table covered with magazines. “Look at these guys, Theo. Ever seen them before?”

Theo leaned down, and within seconds said, “That’s them. All four of them.” He pointed to Lester (Shorty) Green and said, “He’s the guy who grabbed my phone and knocked me down.” He pointed to Larry Samson and said, “This is the thug who kept hitting Judge with a stick.” He pointed to Willis Keeth and said, “He’s the older guy, the boss.” And about Gino Gordon, he said, “This is the guy who tripped Woody and was cussing at us so bad.”

Captain Mulloy smiled and said, “Thought so. At this moment, these guys are downtown, under arrest and getting booked. They’ll probably post a bond this morning and get out. Do you understand all this, Theo?”

Theo certainly did. He nodded and said, “Yes, sir.”

Ike picked up the photo of Larry Samson and said, “This is the bad boy who tried to kill Judge?”

“That’s him,” Theo said, no doubt.

“So when does this jerk face a judge?”

“Not sure,” Captain Mulloy said.

“He looks guilty,” Ike said, spitting contempt.

“He is guilty,” Theo said. “There are witnesses.”

“Where do these guys live?” Mrs. Boone asked.

“Around here. They work for a survey company that was hired by the state to do some early work on the bypass. It appears as though they were a bit too eager and entered some private land without permission.”

“They’re gonna serve time in jail,” Ike said as if he were the judge. “Mark my word, these clowns are serving time. Plus, we’ll sue them for damages.” Ike looked as though he was ready for a fistfight.

Mr. Boone walked through the front door with a dozen doughnuts and another stack of Sunday newspapers. Theo was always amazed at the volume of newsprint consumed by his parents on a typical Sunday. Often there were four thick newspapers scattered from the kitchen table to the den and even on the back porch in good weather. One of Theo’s household chores was to organize the recycling program. In one corner of the garage he kept four large plastic bins, one each for glass, plastic, aluminum, and paper. The paper bin was always full, always overflowing with stacks of old newspapers. On several occasions he had asked his parents why they simply didn’t read the news online. They owned laptops and used them for business and personal e-mails. Why not get the news online and save all that paper? Their answers were vague and unsatisfactory, at least to Theo.

He stared at the stack of Sunday newspapers and thought,
What a waste
. Then he flashed back to the present and wondered why he, Theo Boone, a boy whose dog was practically dead and a boy who’d just slept two nights on the floor in a vet clinic, was worrying about recycling old news-papers. He grabbed a doughnut and downed it in three bites.

Mr. Boone was saying hello and asking about Judge when Dr. Kohl appeared from the rear. He was wearing a suit and tie and said he was on the way to early church. The group passed around the photos of the four freshly arrested men and, with frowns, silently condemned them. Dr. Kohl said something like, “Rough bunch.”

Theo had an idea. He looked at Captain Mulloy and said, “Can I borrow that photo of Larry Samson?” Captain Mulloy handed it to him. The adults watched Theo as he disappeared into the rear of the clinic.

The exam room was dark and deserted; only Judge was there, still motionless on the table where he had been for so long. Theo turned on a light and hovered over his dog. “Hey buddy,” he said softly into his ear. “Got something for you.” Theo held the photo of Larry Samson close for Judge to see. “This is the outlaw who did this to you, Judge. His name is Larry, and right now Larry is sitting in jail. They’re gonna bust him, Judge, and make him pay. Look at him, Judge, big bad Larry, the guy with the stick who thought he was so tough, whipping a little dog, is now behind bars. We won, Judge, and we’re not finished.”

Theo held the photo, but Judge did not look. Theo fought back tears. The photo was shaking. Theo closed his eyes and asked God to look down on this poor little dog who’d never harmed anyone, who was the best friend in the world, who’d been badly injured trying to protect Theo. Please, God.

Minutes passed, and Theo was ready to give up.

There was a sound, sort of a weak grunt, as if Judge was trying to clear his throat. Theo opened his eyes, and at about the same time Judge opened his. Not wide, just two narrow slits, but Theo could see the dark brown irises of Judge’s eyes. “Judge, you’re awake!” he gushed, and leaned even lower so that his nose was about two inches from his dog’s.

Judge opened his eyes wider. He seemed to look at the photo of Larry Samson, to stare at it, then he opened his mouth and licked his lips. Theo placed the photo on a table, then with both hands began rubbing along Judge’s back, talking nonstop.

Dr. Kohl walked in and said, “Well, well, I guess Judge says he’s not ready to go.”

“Look at him!” Theo said. “He’s wide awake.”

“I see.” Dr. Kohl gently removed a tube and gently touched the swollen places. Judge was coming to life, whimpering and trying to wiggle around. The splint on his right front leg bothered him, and he couldn’t figure out why it was there. When Dr. Kohl touched it, Judge squealed and jerked away. “He’ll need a painkiller.”

“I bet he’s starving,” Theo said, unable to contain his excitement.

“No doubt, but let’s get him some water first.” Dr. Kohl slowly lifted Judge and held him as he tried to stand on the table. Theo grabbed a small metal bowl, ran some water in it, and offered it to Judge, who slurped it down as if he’d never seen water before. As he drank and made a mess, and while Dr. Kohl was still helping him stand, Theo stuck his head out the door and yelled, “Judge is awake!”

Within seconds the exam room was packed as the four Boones, Dr. Kohl, Captain Mulloy, and two vet technicians gathered around to watch Judge attack the water. Dr. Kohl finally released him, and there he was—Judge Boone, alive and standing alone on three good legs and one broken one. His head was swollen and shaved and he looked as though he’d been run over by a truck, but he was happy and grinning and wondering why all those humans were crying.

The Judge was back.

Chapter 17

A
nimal Court. In the basement of the old, majestic, and imposing Stratten County Courthouse, there was a dusty hallway with several neglected rooms off it. On the door of the largest of these rooms was a sign that said simply: animal court. Inside, the room was filled with the county’s leftovers—old folding chairs that were mismatched; an old battered table that the judge used as a bench; old semiretired bailiffs who drifted in from time to time; and an old grouchy clerk who was hard of hearing and despised her job. Much finer courtrooms existed on the floors above the basement, and Theo had spent time in all of them. His favorite was the main courtroom, where Judge Henry Gantry presided. He loved Animal Court, too, because you didn’t have to be a lawyer to argue your case. At the age of thirteen, Theo already had several impressive wins before Judge Yeck.

The dingy courtroom and its contents may have been old, but Judge Yeck certainly was not. He was about forty, with long hair and a beard, and he preferred blue jeans and combat boots to black robes and bow ties. He was hip and cool and Theo liked him a lot. It was only a part-time job— Judge Yeck was allowed to play judge four afternoons each week because no other lawyer in town wanted to. Animal Court was so low on the ladder no other lawyer wanted to get near it.

Theo stopped by all the time. Animal Court was open for business from 4:00 p.m. to 6:00 p.m. Tuesday through Friday, and the docket usually included an interesting case or two. Sometimes, though, business was slow, and on those occasions, Theo would pull up a chair and chat with Judge Yeck about the law, law school, other lawyers, the legal gossip around town, and especially about other trials. He sort of felt sorry for Judge Yeck because when he wasn’t presiding over Animal Court he worked in a small firm that was rumored to be somewhat less than successful.

Boa constrictors, biting dogs, spitting llamas, dive-bombing parrots, mail-order pythons, rabid cats, wayward monkeys, potbellied pigs, deadly spiders, de-scented skunks, wounded mountain lions, abandoned baby crocodiles, illegal fighting chickens, hungry bears, a demented moose—Animal Court and Judge Yeck had seen it all.

But he had never seen a crowd as large as this. At 5:00 p.m. Wednesday, his courtroom was packed, and the mood was tense. On one side there were the Boones—Mr. and Mrs. Boone, both fine lawyers in town—and between them sat young Theo. On the floor beside Theo was a familiar face, though the face, swollen and bandaged, looked a bit different. The mutt had been renamed Judge, in honor of Judge Yeck, according to Theo, though Judge Yeck had heard the gossip that young Theo had remarked to several other judges that he had named his dog in their honor. Directly behind Theo was Ike Boone, a once prominent lawyer in Strattenburg who had fallen hard years earlier.

Crowded together behind the Boones were a number of friends. Woody, his parents, and two of his older brothers. Hardie Quinn, his parents, his grandparents, and several of his aunts, uncles, and cousins. Several of Theo’s friends from school, including Chase and April, along with her crazy mother. Mr. Mount was there for support, along with Captain Mulloy. Dr. Kohl and Star were there, in case they needed to testify about Judge’s injuries. Elsa from the office sat next to Dr. Kohl. Along the back two rows were some of the courthouse regulars who tried not to miss a good fight.

On the other side of the courtroom, sitting shoulder to shoulder and offering frowns and scowls that left no doubt they hated where they were at that moment, were the four men who had been arrested Sunday morning. The four men from Strategic Surveys—Larry Samson, Lester Green, Willis Keeth, and Gino Gordon. Seated behind them were wives and girlfriends, family members and others. Seated in front of them was a hotshot lawyer named Mora Caffrey, also known in some places as More Caffeine, due to her aggressive nature, jerky actions, and quick tongue. Like most lawyers in town, she had no desire to be seen in Animal Court.

Placed between the two groups were two young deputies, armed and in uniform. Judge Yeck thought the case might get tense, and so he asked for more security.

Judge Yeck said, “All right, the next case involves some complicated issues. I think I understand the background facts and most of the charges. As of today, the four employees of Strategic Surveys—Samson, Green, Keeth, and Gordon—are facing criminal charges of assault, assault on a minor, and trespassing. These charges will be dealt with in Circuit Court, not here. I understand there is also a civil suit that was filed this morning by Mr. Silas Quinn against these four men and their employer. Again, that’s another fight for another day in another courtroom.”

Judge Yeck paused and looked around the crowded room. “This court has jurisdiction over animals and animals only. By law, that includes issues involving cruelty to animals. I’m looking at a complaint filed by Mr. Theodore Boone in which he alleges that Mr. Larry Samson took a five-foot wooden survey stake and beat his dog, Judge, until he was unconscious. That sounds like cruelty to me, so I am assuming authority over this case. Any response, Ms. Caffrey?”

Ms. Caffrey stood with her legal pad and her reading glasses perched on the tip of her nose and said, “Your Honor, we have filed a motion to dismiss these charges, or, in the alternative, to move everything to Circuit Court.”

To which Judge Yeck rudely said, “Motion denied. And you don’t have to stand up in my court. Anything else?”

Theo had seen this before. Hotshot lawyers appearing before Judge Yeck with an attitude because they considered Animal Court to be the bush leagues. They usually did not fare too well.

Ms. Caffrey sat down and said, “Yes, Your Honor, we would like a record of this trial, so we brought along a court reporter.”

“Sure,” Judge Yeck said with a shrug. Animal Court was not a court of record, which meant that the testimony of the witnesses and the statements of the judge and lawyers were not recorded in any way. In every other court in the building, a court reporter, or stenographer, recorded everything electronically and by shorthand. Because the altercation between the boys, Judge, and the survey crew had led to so many legal problems, it was a wise move to start recording the testimony of the witnesses.

“Anything else?” Judge Yeck asked Ms. Caffrey.

“Yes, Your Honor, I ask that you recuse yourself as judge in this matter and the case be assigned to another judge.”

Yeck didn’t flinch. “On what grounds?”

“I believe this particular dog passed through this court about two years ago, and that you were responsible for him being adopted by the Boone family.”

“Why is that a problem? Who else would handle such a matter?”

“It’s just, that, well, it appears as though you might be too close to this dog.”

“I haven’t seen this dog in two years,” Judge Yeck replied. “And during that period of time a thousand dogs have come through my court. Request denied. Can we start now?” It was evident to Ms. Caffrey, and to everyone else in the courtroom, that she was already on the judge’s bad side. Things could only get worse.

Ms. Caffrey did not respond.

“Anything else?” Judge Yeck asked sternly.

She shook her head. No.

Judge Yeck said, “Mrs. Boone, I believe you are acting as the attorney for your son, the owner of the dog, and that your co-counsel is Mr. Woods Boone. Correct?”

“That’s correct, Your Honor,” Mrs. Boone said with a warm smile.

“Then call your first witness.”

Mrs. Boone said, “Theodore Boone.” Theo stood, walked ten steps, and sat in an old chair closer to the judge, who said, “Raise your right hand, Theo.” Theo did so, and the judge asked, “Do you swear to tell the truth?”

“I do.”

Judge Yeck said, “Look, Theo, I know you’ve been in my court before, but today it’s a little different. That court reporter over there will record every word, so I want you to speak clearly and slowly, okay? This goes for all the witnesses.”

“Yes sir,” Theo said.

“Proceed, Mrs. Boone.”

Staying in her chair, Mrs. Boone said, “Okay, Theo, tell the court what happened.”

Slowly, and as clearly as possible, Theo told the story of the encounter with the survey crew. He pointed straight at Larry Samson when he described the beating of Judge. He almost got choked up when he described how he scooped up his bleeding and knocked-out dog and began running, and while he was running away, he heard the men laughing behind him. He looked at Judge as he testified, and he looked at his mother, father, Ike, his friends, and occasionally at the four men, all of whom sat with their arms folded over their chests. A time or two Larry Samson frowned and shook his head as if Theo were lying.

He told his story without interruption, and when he finished Ms. Caffrey declined the opportunity to question him.

Hardie went next, then Woody. All three told the same story; all told the truth. The courtroom was quiet as they testified, and Judge Yeck absorbed every word.

“Any more witnesses, Mrs. Boone?” he asked.

“Not at this time. Maybe later.”

“Very well. Ms. Caffrey, call your first witness.”

Without standing, she said, “Your Honor, I call the defendant, Mr. Larry Samson.” As the witness stood and sort of stomped toward the front, Judge slowly rose from the floor and balanced himself on his three good legs and the broken one. He uttered a low growl, just loud enough for Theo and Ike to hear. Theo reached down and patted his back and hissed, “Shhhh.” Judge relaxed but kept his eyes fixed on Mr. Larry Samson, as if he would attack and draw blood if he were able.

Mr. Samson took the witness chair, promised to tell the truth, then almost immediately started lying. After establishing where he lived and worked, Ms. Caffrey said, “So, Mr. Samson, you’ve heard what these three boys said. Tell us your version of what happened.”

With a smirk, his first words were, “These kids are lying, all three of them. It was Friday afternoon, and after a hard week we were winding down. All of a sudden, these three kids show up on their bikes, with the dog, and start threatening us. That one there in the blue shirt, Hardie, he’s the big shot and says we’re on his family’s land and so on, and he demands that we leave immediately. You know, we were leaving anyway, the day was over, the week was over, but anyway this smart-mouthed kid is giving us a load of crap about being on his family’s property. Then the Boone kid pops off about getting us arrested for trespassing. They were jawing, we were jawing, but we weren’t about to get into a fight with a bunch of little brats. Then Boone pulls out a cell phone to call the cops and we yell some more. Finally, we tell the boys we’re leaving anyway and they get back on their bikes. The dog had been sniffing around, growling and such, trying to act bad, and anyway when they take off on their bikes, the dog somehow got in the way and one of the boys ran over the mutt with his bike. I didn’t see it but I heard the dog squeal, and when I turned around there was a pileup with the bikes and boys and somewhere at the bottom was the dog, who was yelping pretty bad. That’s how the dog got hurt.”

Theo looked like he’d been kicked in the stomach. From behind him he heard gasps from Woody and Hardie. The entire Boone side of the courtroom seemed stunned, almost too stunned to think for a second or two.

Their reactions were not missed by Judge Yeck.

When Mrs. Boone finally caught her breath, she said, “So, Mr. Samson, you did not hit the dog or touch the dog in any way?”

“I did not.”

She nodded suspiciously and looked directly at Judge Yeck. At this point, she could attempt to argue and haggle with the witness, but she was too experienced. Because she spent so much time in court, Mrs. Boone knew what was coming. The four men concocted a lie, which all four would stick to. Judge Yeck would have to decide which story to believe, and Mrs. Boone had a hunch he would side with Theo.

“Nothing else,” she said. Theo leaned over and whispered, “Mom, he’s lying.” She just nodded. Woody leaned over to his father and whispered, “Dad, he’s lying.” Hardie leaned over to his grandfather and whispered, “Pops, he’s lying.”

“Call your next witness,” Judge Yeck said. As Willis Keeth walked forward, Judge Yeck glanced down at Theo and gave him a quick wink. No one saw it but Theo.

Mr. Keeth acknowledged he was the supervisor but did not want to talk about whether he had taken his crew onto someone’s private property without permission. The trespassing issue would be settled in another court. As to the injured dog, he told the same story as Larry Samson. No stick, no repeated blows, no real contact or controversy with the animal. The poor dog somehow got tangled up and was run over by one or more of the bikes. He didn’t see it all and was perfectly vague on certain details. Mrs. Boone tried to pin him down on exactly where he was standing during the confrontation, but Mr. Keeth had a bad memory.

More lying continued with Lester Green, though his memory was even worse than his boss’s. But, he stuck to their story and placed all blame for Judge’s injuries on a bad bike wreck. As he finished, Judge Yeck, who had been growing visibly frustrated, sent a chill through the courtroom when he asked Mr. Green, “Sir, do you know what perjury means?”

The witness looked confused, lost, then a bit frightened. The judge helped him along by saying, “Perjury, Mr. Green, is when a witness lies on the stand after being sworn to tell the truth. Understand?”

“I guess so.”

“Good, now do you know the penalty for perjury in this state?”

“Not really.”

“Didn’t think so. The penalty is whatever I want it to be, up to twelve months in jail. Did your lawyer explain this to you?”

“No sir.”

“Didn’t think so. You may return to your seat.”

The brief perjury discussion sent ripples of fear through the other side of the courtroom. Larry Samson, Willis Keeth, and Lester Green all exchanged nervous looks. Ms. Caffrey was lost in her note taking.

Mr. Boone leaned down to Theo and said, “They’re going to jail.”

Judge heard this and flicked his ears.

“Call your next witness, Ms. Caffrey,” Judge Yeck said gruffly.