Chapter 53
Standing before the bailiff, his hand on the bible Tim recited, "I swear to tell the truth, nothing but the truth, so help me God".
"Mr. Foust you may be seated" advised the judge. "Are you in need of anything before we proceed"
"No sir" he replied as Satchmo lay at his feet.
"Mr. Foust, may I call you Tim" asked Ben, Marion's attorney.
"If you would like" Tim replied.
"Tim, on the day in question what was your intention of going to the home of your in laws" he asked.
"To speak with Jenika regarding our divorce" answered.
"This divorce you speak of, what was the reasoning behind this divorce " Ben continued.
"Objection, this question has no revelance to the beating my client received. It should be reserved for the divorce proceedings" James stated.
"Your honor it is relevant to his intention for being at the residence" Ben claimed.
"Sustained" the judge responded.
"Lies, deceit" Tim stated solemnly.
"Your lies, Tim?" he continued.
"Objection, the question is leading" James stated.
"Your honor, let me rephrase that. What kind of lies" Ben asked.
Tim hated sitting there answering questions that delved into his personal life. It was no one else's business why he and Jenika were getting a divorce, that was strictly between them. He didn't feel these questions pertained to why he had gotten the shit beaten out of him knowing full well the reason was behind some fabricated story Jenika had made up.
"The lies...who she really is" he replied without emotion.
"And just who is she" Ben asked.
"Not the person she wants everyone to believe" Tim answered.
"Could you elaborate further" Ben pushed.
Tim couldn't see the stern look on Marion's face nor the hint of sympathy in Chance's eyes as they continued to probe into his life.
"Damn it, James do something" Chance whispered.
"Objection. Mr. Foust is not the one on trial here your honor. Mr. Marion is the one who demanded this trial to prove his innocence, not Mr. Foust" James stated.
"Over ruled Mr. Stein. Either direct your questions directly for the incident or I will adjourn these proceedings immediately " Judge Kirk advised.
"Yes your honor, no further questions at this time" Stein answered returning to the table he shared with Marion.
"No questions? What the hell is wrong with you, make him tell what he did" Marion barked.
The jurors began to stir, whispering at his actions. Slamming the gavel several times the judge demanded order. "Stein, control your client or I will add contempt to the charges".
Tim remained in the witness chair, finding the slamming of the gavel unnerving he reached for Satchmo. Chance could see his reaction from across the room. "James, we need a recess, Tim is having a problem" he told him.
"Your honor, I respectfully request a recess so that my client can regain his composure " James asked.
Kirk looked at Tim, noticing his twisting his fingers in the animals fur. "Mr. Foust, do you need a few minutes "
Tim thought for a second, as much as he wanted this over, he indeed needed a break. "Yyyyes, sir" he replied.
"We will adjourn for a 15 minute recess" the judge announced with another slam of the gavel.
Marion began to respond when Stein advised him to be quiet or he was looking at the charge of contempt. "I don't give a rat's ass. He assaulted my daughter and he needs to pay. The jury needs to know the truth. I'm not the bad guy here, he is. And he's playing their sympathy. There's no fucking way he needs that dog or can't handle this trial" he barked.
The judge overheard Marion's comments, turning he advised the bailiff to remove Marion immediately. "You sir have underminded me for the last time. You are now sentenced to the next twenty fours hours in lockup for contempt. Council, I want both of you in my chambers in five minutes. Members of the jury you are excused for the time being." he demanded before leaving the courtroom.
Chance immediately walked over to Tim, helping him down the step from his seat. He could feel the slight shakiness in his arm, "it's ok just take my arm".
"Please get me out of here " Tim whispered as Satch walked beside him. Chance escorted him out to the hallway, then to the men's room. Soaking a paper towel with cold water he handed it to Tim to wipe his face and back of his neck in hopes to calm him.
"Ya know, I don't blame him for wanting to protect his family. And who knows, maybe I would have acted the same if it was the other way around" Tim expressed holding the towel on his face.
"What are you saying, you want him to just walk from what he did to you?" Chance asked.
"Who am I to judge, I'm not God" Tim answered, "I'm tired, tired of the lies, accusations, being blind, all if it. I give up, I'm done....I'm done"
"Listen to me, you're not done..you're not giving up, damn it. Where's the Tim that sent her packing, who threw her lieing ass out. The Tim that wouldn't let me give up when J just wanted to be done, to let go and leave. Where's the Tim that promised Caroline no matter what he would live his life as she asked" Chance demanded.
" I lived.....I loved again as she asked me...look where that got me. Beaten to a pulp and an impending divorce" Tim retorted.
Chance couldn't hold back any longer. "You weren't suppose to love her....I'm the one you're supposed to love".
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