Chapter 42 of 46

Chapter 41

Broken - #Wattys2016 Completed2,859 words~15 min read

The only thing Victoria wanted was Emily back in her arms. Now more than ever she felt it about to slip through her fingers and was powerless to stop it. She was led into the courtroom, and realized, with mixed emotions this was it. In a few minutes the judge would give her a final verdict.

Today would be a day of lasts, it would be the last day of court proceedings. The last day Victoria would sit next to Stacy at the familiar wooden desks and sneak quick glances towards Danny, and then over to Demi and Amanda.

Then there were other lasts, the ones that hadn't happened yet. She tried not to think how today might be the last time she would see the outside world for years. It was likely the last time she would share the same room as Danny, Demi and Amanda too.

Today was the last chance for her mother to be there for her, and probably the last time she would disappoint her again. But most of all today would be the last chance for the judge to decide if she would ever see her baby again. If she were found guilty Emily would be taken away from her forever.

No matter what the verdict, Victoria knew nothing could ever go back to the way it was. In that sense it had to be a day of new beginnings too, good or bad. Even if the judge found reason and decided to let her go.

Victoria reflected to the morning before they discovered Emily. What would she say or do differently if she had known it was the last time she would feel Danny's gentle hands as he pulled her towards him. Or the last time he would say he loved her, would she hold him tighter and tell him one more time she loved him...

Stacy nudged her.

"Did you hear what happened last night?"

"No?"

"All hell broke loose, Demi's husband kidnapped the baby, then turned a gun on himself."

"Is Ben ok?"

"No, he is dead."

"Oh my god," gasped Victoria, "what about Trevor?"

"He is ok, what a night they must have had," then squeezing her hand tight Stacey whispered, "well this is it Victoria, good luck, we can do this together."

"Stacy – just in case... will you make sure that Emily is well looked after for me."

"There is always hope, have faith - the justice system will prevail."

"Maybe you are right Stacy. If I don't get the chance afterwards, I just want to say thank you not just for being my lawyer, but for being a friend."

"It was nothing."

"It may have been nothing for you, but it was everything to me."

"All rise," came the voice of the JP as the judge entered.

Judge Smithies called on Alistair for his closing argument. He stood up from his desk and walked into the middle of the room.

"Over the last few days we had the chance to get to know, from several sources, what type of person Miss Thorne is. We heard about the circumstances surrounding baby Emily's extensive injuries, and there is little doubt in our minds her injuries directly resulted from abuse. At the hands of her mother.

The same mother proven in this court to be a liar, who drank large amounts of alcohol, attempted suicide and was found to be clinically depressed."

Alistair turned his attention to Judge Smithies.

"Your Honor I ask you to remember that it is possible in a moment of panic on the morning, Victoria accidentally harmed the child. But that isn't why we are here today. We are not here to pass judgment on whether the injuries were purposefully done. We are here today to prove, beyond a doubt the injuries Emily Jacobs suffered, were at the hands of her mother.

So I ask you to please remember. Victoria Thorne may not have intentionally harmed Emily, but it has been proven beyond reasonable doubt she caused her baby harm, thank you."

Judge Smithies peered over her glasses at Stacy.

"Miss Dylan, you're closing statement please."

Stacey stood up and looked around the room.

"Your Honor over the time of this court case I spent a reasonable amount of time with my client. During this court case we were shown countless times every possible flaw in Victoria Thorne's personality, but not once was there testimony of the positive qualities.

The day I met Miss Thorne, without knowing it she surprised me and proved she was a good person, even when nobody was watching.

In the confines of her jail cell, in her darkest hour, I saw a roach and raised a rolled up magazine to squash it. Miss Thorne saved the roaches life by scooping it up and setting it free. Her argument, and I quote - "everything deserves the right to live, no matter how unworthy, who are we to judge what should live or die."

But at the end of the day, despite Mr James's embellishments, we must agree Victoria Thorne's virtues and character flaws are not the deciding factor in this case.

The deciding factor is reasonable doubt that is where Mr James and I cannot agree. There is reasonable doubt Emily's injuries could have occurred before the morning she went to the hospital.

We heard testimony from Doctor Carey, a qualified pediatrician who has seen countless cases of shaken baby syndrome. He wasn't able to say with complete certainty baby Emily's injuries directly resulted from her being shaken by Victoria that morning. If a pediatrician can't distinguish who caused the injuries, how can we pass judgment with complete certainty?

I beg the court to consider the ramifications of sending an innocent person - a mother, to jail if there is even one tiny seed of doubt. Victoria Thorne did not harm her baby, not accidently or purposefully. Thank you, Your Honor."

Judge Smithies paused for a moment as she looked over the court then quietly began her final statement.

"Thank you Mr James and Miss Dylan for your closing statements. I considered this case very carefully and have concluded," she paused. "I am confident Victoria Thorne did not intend to harm her baby. However, in light of evidence presented, it seems apparent she did cause injury to the infant. Abuse is abuse and society cannot tolerate it.

"I sentence Victoria Thorne to two years in a women's correctional facility, with parole set for 12 months good behavior. As for the father's request for future custody... that matter will be considered at a later date once the extent of the child's injuries are fully known..."

"NO, stop!" Amanda's voice rang out echoing in the silence of the courtroom, causing everyone to turn and look at her.

"Mummy Vic didn't hurt Emily," she said and jumped to her feet to stand in the walkway in front of the judge.

Danny stood up and whirled around.

"Be quiet Emily!"

"No Daddy, I can't, it's not the truth!"

Judge Smithies, who had the hammer in her hand about to hit the gavel and pass judgment stopped and placed the hammer back down.

"Young lady what makes you so sure Victoria didn't do this, please come up here and tell me?"

Amanda slowly approached the judge as she passed her father he let out an anguished sob.

"Amanda don't do this," Danny begged.

Amanda ignored him and took a seat at the stand. She swiveled her chair around to face the judge and they looked at each other for a few moments.

"What is your name child?"

"Amanda Dianne Jacobs, Dianne is my Nana's name too."

"You realize that we are in court Amanda, this is very serious - we only tell the truth here."

"Mummy Vic and Daddy always tell me it's wrong to tell lies. That's why I had to stop you from sending Mummy Vic to jail. She was telling the truth, she didn't hurt Emmy."

"Well if Victoria didn't hurt Emily, who did?"

Amanda moved closer to the judge and whispered into her ear.

"I did!"

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The world began to spin, Danny was sure that he would be sick as he remembered back to the night Victoria went out...

He and Amanda watched one of her favorite cartoons about a mermaid princess and they fell asleep on the lounge.

Sometime later in the night something had woken him, something didn't seem right, he sat up from the lounge with a start and looked around him. The television played a snow storm and Amanda wasn't there.

Then he heard a high pitched cry, coming from up the hall, a cry he knew well enough. It was a hurt cry, the same type Emily made when she had her immunization shots a few weeks before. Her light was on as he run up the hall towards Emily's bedroom.

"Amanda, what's going on?" he asked as he peered into the room and gasped surprised to see Amanda straddled over the cot.

Emily lay in an awkward position on the floor and was bright red from crying.

"Daddy, I'm sorry I tried to make her be good, but she wouldn't listen, so I helped her get out of bed and she fell out, I'm sorry Daddy."

Danny scooped Emily up off of the ground and took her pacifier from the top of the cupboard and put it in her mouth. He cuddled her close to his chest, and she settled almost at once.

Amanda was still in the cot crying.

"Mummy Vic is going to be so angry with me, what if she doesn't love me any more for hurting Emmy and sends me away!" she sobbed.

"It's ok, Amanda, Emily is ok, it's our secret, we won't tell anyone, not even Mummy Vic, ok!"

"Promise?"

"I promise, no matter what I won't ever tell anyone!"

Amanda nodded and dried her eyes as she climbed out of the cot.

"Let's get you off to bed, what do you say you, me and baby Emmy snuggle on your bed and sing lullaby's until we are all sleep?"

Amanda smiled and looked up at him as though he were a super hero.

"I love you Daddy."

She closed her eyes and went to sleep....

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Danny hung his head in shame, why hadn't he been honest to begin with, he should have told them it was an accident. He had promised Amanda and before he knew it things got out of hand with Alistair's threats, there was no turning back.

Swallowing down bile that raised up into his mouth, it burnt all the way down the back of his throat and into his stomach like a hot ember. He bullied Amanda into keeping quiet afterwards. How could he force her to keep their secret by threatening to send her back to her real mother if she didn't stay quiet!

He could have said nothing at the hospital, or broken his promise to Amanda. He had the chance but panicked. At the hospital Amanda and Victoria huddled together and he made the choice to let Victoria take that blame instead of Amanda, he didn't even have a good reason for doing it....

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Everyone in the courtroom gasped.

"Order, silence or you will all be removed," growled Judge Smithies pointing her hammer at everyone in the room, then looking back at Amanda she smiled and said, "That's better, now I can hear you, so tell me Amanda, how is it you hurt your baby sister?"

"Well Daddy was sleeping and Emily woke up and wouldn't stop crying, she wanted Mummy Vic. I promised to be good and take care of Daddy and Emmy while Mummy Vic went out, but Emmy just wouldn't stop crying. I tried everything, I even shook her by the shoulders and told her to stop being so naughty, just the same as my other Mummy used to do to me.

But Emmy still didn't listen she cried even more. I tried to take her out of her bed and as we got out I dropped her on the floor, and she got hurt. That's when Daddy come, he told me everything was all right and we cuddled Emily on my bed until we went to sleep."

"Amanda why didn't you tell the truth sooner, you must have known that telling a lie was the wrong thing to do?"

"I didn't mean to keep telling the lie, honest, but Daddy told me not to tell anyone, it was just our secret. If I told anyone they would make me live with my real Mummy, who doesn't love me properly, and I would never see him, Mummy Vic or Emmy ever again..."

Judge Smithies cleared her throat.

"Thank you for being so grown up and honest Amanda, you are very brave to stand up and tell the truth, even though you must have been afraid you would never see your family again."

Then addressing the courtroom Judge Smithies said, "In light of this new information I find Victoria Thorne innocent and free of all charges, and I request further investigation into this tragedy, in order to come to a verdict. Thank you."

Judge Smithies hit her hammer for the last time ending the case.

"You are free to go Vic," whispered Stacy hugging Victoria tightly.

"What will happen to Amanda?"

"I don't know Vic, I wish I did, but it's over for now, come on let's get out of here."

Victoria numbly got up from her chair following closely behind Stacey as they passed where Danny and Michael sat. Danny had his face in his hands still sobbing.

Victoria almost ran to Danny to comfort him, but she had nothing left to give him.

Alistair stood up blocking their path, "Congratulations on winning your case," and extended his arm to shake Stacey's hand.

"Mr James, there are no winners today. Family is the very fabric of society and we just witnessed one ripped apart at the seams. This trial was never a game to be won or lost, it was conquest to find the truth," she said pushing Alistair aside and grabbing Victoria's arm, pulling her towards the exit.

As Stacey pulled her away Victoria looked for Demi. At least Demi and Danny had each other.

Amanda cried out to Victoria from across the room and ran towards her. Danny stopped her and held her to him as she kicked and screamed.

She wanted to rush towards Amanda and hold her like she wanted to do for so long, but she couldn't face anyone, she needed time to process what happened.

Outside the courtroom crowds of people with cameras and microphones clamored to get the first statement. Victoria had nothing to say to them. Was she relieved to be free? Yes. Was she happy with the judge's ruling? She gained her freedom, her right to be with her daughter at the cost of losing her husband and her other child.

How she should feel evaded her.

Demi come down the stairs chasing after her with Trevor in her arms.

"Victoria, I am so sorry..."

"Did you know too?"

Demi's face twisted, and she closed her eyes as though she were in pain.

"No, I didn't..."

"I'm sorry to hear about Ben."

"Thanks, please Victoria before you leave. I'm not asking for you to forgive me, god I can't even forgive myself. When Ben took Trevor it made me think about how hard it must be for you, and how crappy I treated you. I'm sorry for making things worse."

Victoria knew the right thing to do was to tell Demi she forgave her. But she didn't know if she did forgive her.

"Thanks Dem, but if you don't mind, maybe we can talk another day..."

Demi stepped aside as Victoria and Stacey continued down the stairs,

"So where to now," asked Stacey.

"There is only one place I want to be and now... wild horses won't keep me away."

"Well I guess I better call us a cab to the hospital, are you sure you don't want a nice hot meal and a beer first, my shout?"

Victoria didn't have the chance to answer as a dark haired man, dressed in a red blazer, standing at the bottom of the stairs tapped her on the shoulder.

"Miss Thorne," he said politely and extended his hand, "I have a car over here waiting for you, please follow me."

As Victoria and Stacey looked toward a black Limousine with number plates Drp Inn, curiosity got the better of her.

"This is very nice of you - to be chauffeuring us around, mister, but who are you?"

"Well my name is Eddy, owner of the Drop Inn Hotel, across the road from the hospital. One of our most honored guests has requested I transport you to the hotel for a moment of your time. Don't be afraid, jump in, we will be there in no time."

Both Stacey and Victoria looked at each other and shrugged.

"Beats getting a taxi," Stacy smiled as both women got into the Limousine...

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