bright-eyed.
“I’ve stopped drinking, Theo. No more booze for me. This DUI has taught me a valuable lesson, and I’m sobering up.”
“That’s great, Ike. I’m proud of you.”
“Booze is a dead-end street, Theo. Don’t ever start drinking, okay?”
“I’ve managed to avoid the stuff so far.”
“You’re only thirteen. Wait until you get to high school and start driving. That’s when the trouble starts. Promise me you’ll say no when a buddy offers you the first beer.”
Actually, that had already happened. Theo was hanging out at Woody’s house one day when his parents were away. The refrigerator was full of beer, and Woody thought it would be cool to drink a few. Theo declined and left not long afterward.
“I promise, Ike,” he said. “And I’m proud of you.”
“You’re one of the reasons, Theo, to be honest. I was humiliated when my favorite nephew came to the jail to rescue me. I finally realized that enough was enough, and I promised that I would never again put myself in a situation like that. I’m quitting for my own well-being, but I’m also quitting for you. I want to set a better example.”
His voice cracked a little, and his eyes moistened. Theo was not sure what to say.
Theo began his letter that night when he was supposed to be reading a book for English. The first draft began:
Dear Mrs. Gladwell:
As you probably know, Judge Henry Gantry has scheduled a big hearing this Thursday at nine a.m. in his courtroom. The five schoolteachers from East Middle School have been charged with conspiracy and fraud, and, if convicted, might be sentenced to jail. Their lawyer, at least for this hearing, is my mother, Marcella Boone.
I feel as though I have the right to be in the courtroom to watch this important event. Please allow me to explain why.
As you know, I plan to become a lawyer when I grow up. I’ve spent many hours in courtrooms, especially Judge Gantry’s, and I’ve watched many trials. I know all the judges and clerks, and many of the lawyers and policemen. When my friends are playing soccer or baseball, or off at summer camp, I’m usually hanging around the courthouse waiting for a trial to start. I’ve been doing this for years and I enjoy it a lot. It’s not only entertaining but very educational. I see lawyers do things all the time that I know they shouldn’t do, and there’s nothing more interesting, at least to me, than to watch a trial with two great lawyers doing battle. I love their final arguments when they try to persuade the jury to see things their way. And, there’s nothing more tense and dramatic than waiting for a jury to return with its verdict.
You have been kind enough before to allow Mr. Mount to take us on field trips to the courthouse to watch trials and talk to judges. The hearing this Thursday will be the perfect time to take another field trip.
Over dinner tonight I discussed this with my parents. They feel as though I should spend the day in class and not in the courtroom. I’m still working on them, but things do not look too good on that front.
There’s another reason I should be in the courtroom. The five teachers are charged with committing crimes, though, personally, I think this is wrong. Anyway, a crime means there is a victim, and the victim is always expected to be in court. I’ve seen many victims testify and point fingers at the defendants. I’ve seen many victims sit in the front row for days as the witnesses tell their stories.
In this case, the teachers are accused of cheating, and there is a good chance their cheating harmed a group of eighth graders who failed to score high enough on the standardized tests to make Honors. Some of us at Strattenburg Middle, and others at Central Middle, were probably excluded from the Honors program because of the cheating. At this point we don’t know this for a fact, but it looks likely.
I don’t know the names of the other students who are in the same boat with me. And I assume that most of them have no interest in watching the hearing. But, since I’m sort of a victim, I think it’s important to attend the hearing. Also, since my mother is so involved, there is probably no other victim who knows as much about the case. In fact, I know a lot of things I shouldn’t know.
There’s another reason that you probably won’t care about. If I am forced to attend class on Thursday, and miss this important hearing, then I will be completely useless at school. The day will be a waste for me because my mind will be in the courtroom.
I realize you’re probably still ticked off at me for skipping school the other day and I’m still very sorry about that. I promise it will never happen again.
Please, Mrs. Gladwell, please allow Mr. Mount’s class to take another field trip and watch the hearing on Thursday.
Sincerely,
Theo Boone
The more he wrote the better it sounded, and at midnight he was still pecking away on his laptop. The “victim” angle was pure genius, he thought, and he finally fell asleep filled with confidence that Mrs. Gladwell could not say no.
He wrote the final draft early Tuesday morning, printed it, and folded it into an envelope. He did not mention it to his parents. When he arrived at school, he took it straight to Mrs. Gladwell’s office. He bypassed Miss Gloria because she would ask a dozen questions, and he placed the letter in the center of Mrs. Gladwell’s desk.
During lunch, Mr. Mount found him in the cafeteria and handed him a small envelope. He tore it open and pulled out a handwritten note from Mrs. Gladwell. It read:
Dear Theo: Thanks for the letter but the answer is no. DG.
Tuesday, after school, Theo and Judge climbed the stairs at Boone & Boone and walked into his father’s office. Mr. Boone was hard at work with a pile of paperwork, his unlit pipe stuck in one corner of his mouth.
“How was school?” he asked.
“Boring. I can’t concentrate these days, not with the big hearing coming up on Thursday and being kicked out of the courtroom and all. It just seems so unfair.”
“Haven’t we had this conversation?”
“I wouldn’t call it a conversation. I’ve brought up the subject a couple of times and you guys just slam the door. I don’t get to say much.”
“Maybe there’s not much to discuss. You’re not missing school to go to court. It’s really quite simple.”
“I plan to boycott my classes on Thursday.”
“I beg your pardon?”
“I’m boycotting. Not skipping. I’ll be in class all right, but I will not listen to the teachers and I will not take part in any discussion. I’ll do the homework because I’ll get in trouble if I don’t do the homework, but I plan to zone out and just sit there ignoring everything.”
“And you call this a boycott?”
“Something like that. I can’t think of a better word.”
“Sounds pretty stupid to me. Just sitting in class like an imbecile while the world goes by.”
“I don’t care. I’m taking a stand. You guys won’t let me go to court. I have to do something to protest.”
“Protest all you want, but if you make bad grades you’ll pay a price.”
“I’ve got straight A’s, Dad. One day of boycotting won’t hurt my grades.”
“Whatever. Don’t you have Scouts today, or are you boycotting that, too?”
“I’m leaving now.”
Chapter 23
Wednesday afternoon, the five schoolteachers arrived at Boone & Boone for a big meeting. They gathered in the conference room with Mr. and Mrs. Boone, along with Vince and Dorothy. Elsa stayed at the front desk to answer the phone and do her work, and Theo watched and listened as much as possible, but heard nothing. “I think you’d better stay in your little room,” Elsa warned him, and he retreated, again in defeat.
He had one last trick up his sleeve. A few minutes before five, he hopped on his bike and rode to the courthouse. Judge Gantry’s courtroom was empty, just as Theo hoped. He walked down the hall to his office and said hello to Mrs. Hardy. She was arranging things on her desk and getting ready to leave.
“Is
the judge in?” Theo asked.
“Yes, but he’s very busy.”
“I just need a minute.”
“I’ll see what I can do.”
Five minutes later, Theo walked into Judge Gantry’s large office. “Well, hello, Theo,” the judge said. “What brings you here?”
“I need a favor,” Theo said somewhat nervously.
“What a surprise. I’m sure it has something to do with the hearing tomorrow. Let me guess—you believe that we cannot properly conduct matters unless you’re present in the courtroom. Right?”
“Something like that. Just curious, Judge, how long do you think it will last?”
“Couple of hours. It’s not a trial, you know, just a hearing with a few witnesses and the attorneys arguing back and forth.”
“And what time will you start?”
“It’s scheduled for nine a.m., but there are a couple of matters on the docket before it. Some routine motions and such that shouldn’t take too long. Why do you ask?”
“Well, Judge, as you know I spend a lot of time in the courtroom, more than any other kid I know, and it’s not unusual for things to get delayed. Lawyers show up late, or the police, or the bailiffs can’t get the people over from the jail on time. Or some lawyer doesn’t have his paperwork in order, or a fifteen-minute hearing runs for an hour or more. Anyway, as you well know, there are a lot of reasons for things to run behind schedule.”
“I run a pretty tight ship, Theo, if I do say so myself.”
“Yes, sir, I know that, and I’ve watched other judges who are not as organized as you. But, still, things do get delayed, you know.”
“Oh, I see. You want me to slow everything down in the morning.”
“Well, what I had in mind was more like moving the hearing back to one or two in the afternoon, then sort of stalling until school is out.”
“That’s asking a lot, Theo.”
“Yes, sir, I know, but I’m pretty desperate right now. Nothing else has worked. I’ve tried to explain to my parents and to my principal that since I have an interest in this case that I should be allowed to at least know what’s going on.”
“An interest in the case?”
“Yes, sir. I think I’m one of the victims.”
“I don’t follow.”
“You see, Judge, I barely missed Honors, and it was probably because of the cheating at East Middle School.”
“I didn’t know that.”
“It’s not something we talk about, and, as far as I know, the names of the students who didn’t make it have not been made public. In fact, the names and scores are kept confidential.”
“I see. And what do your parents think about your being a victim?”
“I’m not sure they see my point. They certainly have not agreed to let me miss school and watch the hearing. I played hooky a couple of weeks ago, and they’re still pretty sore about that. But I make straight A’s, usually, and school is boring anyway. I think I’m ready for law school, to be honest.”
Judge Gantry took a deep breath and rubbed his eyes. He stood and stretched and seemed very tired. He paced around his desk a few times, scratching his chin, deep in thought. Theo watched and waited, somewhat surprised that he’d gotten this far with his scheme. It was a long shot, and he fully expected the judge to order him out of his office with stern instructions to mind his own business. He, Judge Henry Gantry, did not need the help of a thirteen-year-old in managing his courtroom.
“You know, Theo, I’m inclined to agree with you.”
“You are?” Theo blurted, stunned.
“Yes, I see your point, and it’s a good one. You and the other students who are in the same boat should be able to watch the hearing and see what happens.”
“Really? I mean, sure, Judge. I agree.”
Judge Gantry stepped to his desk, pressed a button on the intercom, and said, “Mrs. Hardy, would you please step in here?” He returned to his seat at the conference table and asked, “What time is school dismissed tomorrow?”
“Final bell is at three thirty, but my last period is a study hall that’s easy to get out of. I could be here around two thirty I think.”
“I wouldn’t want to start later than that.”
“Fine with me.”
Mrs. Hardy walked in and Judge Gantry said to her, “I’ve reviewed my docket for tomorrow, and I’m afraid the first few matters might run a bit longer than expected. I’m resetting the motion to dismiss for two thirty. Please call the offices of Jack Hogan and Mrs. Boone, then follow up with e-mails.”
“Certainly,” she said, looking at Theo and wanting to ask, “What have you done now?” But she left, and when the door was closed, Judge Gantry said, “It’s no big deal, really. These types of hearings get moved around all the time.”
“It’s your courtroom, right?” Theo asked.
“For now, anyway.”
“Thanks.”
“Run along now, and I’ll see you tomorrow. And, Theo, not a word of this to anyone. The courtroom is open to the public, and if the other students wish to attend, so be it. But let’s not advertise this, okay?”
Theo jumped to his feet and said, “Sure, Judge. See you tomorrow.” As he grabbed the doorknob he turned and said, “Say, Judge, you really don’t think they’re criminals, do you?”
“That’s enough, Theo. See you tomorrow.”
Chapter 24
Dinner was quiet. The Boones ate Chinese take-out in the den, and no one seemed interested in talking, which was unusual. Mr. and Mrs. Boone were thinking about the hearing tomorrow. Neither did much in the field of criminal law, and Theo sensed an uneasiness on their part. Mrs. Boone spent a lot of time in court, but almost always with divorce clients. Mr. Boone appeared before judges only once or twice a year. Theo was waiting for the right moment to bring up the subject of him missing study hall and hustling over to the courthouse at 2:30 to sit and watch it all. But, it was impossible to mention this when no one was talking. It had to be discussed, though, because Theo knew it was a bad idea to just show up without telling his parents why.
His first challenge would be to convince Mr. Mount that he was needed in court at 2:30, but he wasn’t too worried about that.
Finally, he said, “Why is everyone so quiet?”
His mother said, “Oh, sorry, Theo, I was just thinking about something else.”
Mr. Boone said, “I was just eating.”
“Well, don’t we always talk and eat at the same time?”
“Sure,” his mother said. “What do you want to talk about?”
“Well, we could talk about the conflict in the Middle East or that typhoon in the Philippines, but that’s not what you’re thinking about. I suspect you’re both worrying about tomorrow and the five clients that might be facing criminal trials and possibly going to jail. Right?”
Both of his parents smiled. His mother said, “Judge Gantry moved the hearing back to two thirty.”
“Oh really? Wonder why he did that.”
“It’s not that unusual. He’s a very busy judge with a crowded docket. I suppose you’ll hurry over after school and watch things.”
“If that’s okay?”
“I’m not so sure about that,” his father said. “It might not be a good idea for you to be in the courtroom.”
“The courtroom is open to the public, Dad. There will be a lot of people there—family members, school folks, reporters, maybe even some parents of eighth graders. It doesn’t seem fair to keep me away.”
“He’s right, Woods,” Mrs. Boone said. “There’s nothing private about the hearing. It will be splashed all over the newspaper Friday morning.”
“I agree,” Theo said. “So it’s okay if I show up?”
Both parents took a bite of rice at the exact same moment. His mother sort of nodded okay. His father sort of didn’t, but Theo knew he was home free.
When the 8:40 bell rang for homeroom, Theo had been talking to Mr. Mount for the past ten minutes. Mr. Mount s
aid, “I don’t know, Theo. If I excuse you from study hall I’ll have to inform Mrs. Gladwell. Any student leaving early must check out at the front office, you know that. She might still be a bit ticked off because you skipped a few days ago.”
“She’s always ticked off about something. That’s her job.”
“I don’t know.”
“Look, Mr. Mount, I had a chat with Judge Gantry yesterday in his office, and he thinks it’s important for me to be in the courtroom.”
“Seriously?”
“I wouldn’t lie to you. In fact, and you can’t tell anyone this, but it was my idea to postpone the hearing for a few hours. You know how it is in court—stuff is always getting delayed and postponed. He has a few matters first thing in the morning, and I sort of convinced him to bump the hearing to the afternoon so I can be there. He wants me there, Mr. Mount. I can send him an e-mail if you’d like.”
“No, no that’s okay. I’ll send a note to Mrs. Gladwell.”
“Thanks.”
By lunchtime, April was complaining of an upset stomach and seemed deathly ill. She called her mother who promptly called Miss Gloria and arranged for her to leave school as soon as possible.
When the bell rang at 2:20, Theo sprinted to his bike and sped off to court.
Chapter 25
Judge Gantry was settling himself on his perch at the bench when Theo and April eased into the balcony and took two seats in the front row. Looking down, they had a perfect view and could see everything but the very back of the courtroom. To the left, beyond the bar, was the defense table, crowded with the five teachers and Mr. and Mrs. Boone. To the right was the prosecution’s table where Mr. Jack Hogan and one of his assistants were seated. There was a nice crowd scattered throughout the spectators’ seats. Theo figured those watching were friends and families of the teachers, along with some reporters and school personnel. He recognized a few lawyers, a few of the same ones who were always hanging around the courtroom when something interesting took place.
Judge Gantry began properly with, “Good afternoon. We are here on a motion by the defendants to dismiss the charges of fraud and conspiracy filed against them. Let the record reflect that all five are here, along with their attorneys of record, the Honorable Marcella Boone and the Honorable Woods Boone.”
Theo often wondered why judges and lawyers insisted on referring to one another as “Honorable,” but he had never found a satisfactory answer. Ike scoffed at this practice, said it was because no one else considered them to be so honorable.
Judge Gantry said, “Mrs. Boone, as lead counsel, you have filed this motion, so you have the burden going forward. How many witnesses do you have?”
Mrs. Boone stood and replied, “Six or seven.”
“You may proceed.”
“The defense calls Dr. Carmen Stoop to the stand, Your Honor.”
Dr. Stoop rose from the front row, walked through the gate in the bar, and stopped at the witness stand where she raised her right hand and swore to tell the truth. When she was seated, she pulled the microphone a bit closer to her mouth and smiled at Mrs. Boone. She gave her name, address, and said she was the Superintendent of the Strattenburg City School District, a job she had held for the past eight years.