Chapter Six

Stephen

The past week flew by, and today Benji is in court for pre-trial motions. Clint, Mia, Trinity, and I had to be there, so Luke, Todd, Dave, and Felicity took the day off to watch the kids.

I know it's been tough for Trinity and Luke. They've had a lot to discuss, so I've been taking the kids off their hands to give them some space. Once we get through the preliminaries and have a trial date, I've planned a weekend getaway for Dave, Felicity, Luke, and Todd as a thank you for their support.

We finished getting ready, and as I grabbed my jacket and other essentials, I headed downstairs to meet Trinity. As I reached the bottom of the stairs, I could hear the sound of my children's laughter mingling with Trinity's. I walked into the living room, and my heart swelled at the sight before me.

Trinity and the kids were dancing to Dora, and it was the most beautiful sight.

Trinity - If there's a place you've got to go, I'm the one you need to know

Nathaniel - I'm the map

Olivia - I'm the map

Trinity - I'm the map

Olivia - No mommy, it's Jay's turn

Trinity - Oh baby, Jay is still a bit too little, so he can't speak yet.

Stephen - How about daddy says that one then, princess?

Olivia - Daddyyyyy

She throws herself at me, and I pick her up.

Stephen - You looked beautiful when I walked in, baby. Smiling and dancing with our kids. You're amazing.

Trinity - You look delicious yourself, my love.

Stephen - Should we do one more before we have to go?

Nathaniel - Yay, daddy's turn.

The four of us finish the episode of Dora, singing and dancing with our kids before we get them out to the car to head to the courts to meet Benji.

Olivia - Daddy

Stephen - Livy

Olivia - Slide time

Stephen - Later, baby. When mommy and daddy pick you up, we can go to the park with Shankly, okay?

Livy seems happy with this and doesn't fuss when we drop them off. We're just sitting and having a quick coffee with everyone when Clint and Mia arrive to drop off Willie.

Clint - Ready to go, brother?

Stephen - Ready when you guys are.

We decide to go in one car, and before we know it, we're sitting in the courtroom waiting to watch Benji work his magic.

Bailiff - All rise for the honorable Judge Mendez.

We all stand as the Judge enters.

Bailiff - Please be seated.

Judge - So, who do we have today?

ADA - ADA Trisha Eames for the Prosecution, your honor.

Benji - Benji Ramirez for the defense, your honor.

Judge - Be seated, please. Mr. Ramirez, I have a catalog here of motions you wish to bring forward.

Benji - Thank you, your honor. I have several.

ADA - Bit of a stretch, isn't it, Benji?

Benji - Only if I wasn't confident, Trish.

Judge - That's enough, you two. Proceed.

Benji - Starting with the Hearsay Exemption of excited utterance.

Judge - Still pending, Mr. Ramirez. Carry on, please.

Benji - Requesting a motion for the release of evidence. A request was made on the night of the arrest, however, the CPD have been less than forthcoming with the acquired CCTV and satellite imagery they are using predominantly to build their case.

Judge - Miss Eames, I would expect this to be available by the close of business tomorrow.

ADA - Yes, your honor.

Benji - Secondly, under the Exclusion of physical evidence, I am passing a motion that the CCTV and other relevant technology advancements were obtained illegally.

ADA - I can assure you that is very much not the case.

Benji - So you can provide me a copy of the warrant filed to obtain filming and satellite imagery of my clients in the privacy of their own home?

Judge - Miss Eames?

ADA - Continuance, your Honor. To be addressed at a later time with the exemption, please.

Benji - Which would then raise my next point if that is the case, Detective Rodriguez would have obtained any evidence, information or hearsay in its entirety unlawfully, making it inadmissible as evidence.

Judge - Duly noted for further exploration in discovery. Proof of investigation will be required by tomorrow with the recording footage or again, this will be excluded, Miss Eames.

ADA - Noted.

Benji - I will also be calling for the exclusion of witness testimony as I note Chad's comments prior to his death have been used in the development of this case by the CPD.

ADA - Objection. This would be pending a decision of the Hearsay Exemption as previously mentioned.

Judge - I agree, Miss Eames, unless you have something else to offer, Mr. Ramirez?

Benji - I do, your honor. I think it is relevant to note that Mr. Davis was working with two police who are now under investigation and trial for his murder, being Detective Peters and Detective Grounds. Notwithstanding additional charges for drug trafficking and corruption which my clients assisted the CPD in uncovering.

ADA - So if your clients assisted, wouldn't that imply they had prior knowledge of these illegal activities?

Benji - Yes, and I'm so glad you asked. Through a 24-month systematic process of being harassed and previously charged for this same crime from the very corrupt Detectives of our CPD who now face murder charges, again noting with no evidence which is why both previous cases were dismissed.

ADA - I fail to see the connection to their previous knowledge of the criminal activity not being relevant?

Benji - I suggest you speak to your police captain then, Trish. Your honor, I would respectfully request an addendum be added to the file brief highlighting the relevance of the pending charges of the State vs Detective Peters and Grounds.

Judge - Noted for advisement.

Benji - Finally, I would like the motion of dismissal noted and considered.

ADA - On what grounds?

Benji - The same grounds which have had this matter previously squashed twice. Where is the body?

Judge - Miss Eames?

ADA - Further evidence and witness testimony is now available implying the death of Detective Rodriguez and supplying sufficient cause to proceed.

Benji - Hard to comment since this supposed sufficient evidence is still lacking from the ADA and CPD, your Honor, notwithstanding that much of the evidence I have been privy to has been called into question today.

Judge - Agreed, although tread carefully, Mr. Ramirez.

Benji - Lack of jurisdiction alone would be sufficient.

ADA - How?

Benji - Show me any file highlighting his disappearance and/or murder has been lodged with CPD.

ADA - That's ridiculous!

Judge - I beg to differ, ADA Eames. Has any family or colleague reported the movements of Detective Rodriguez?

ADA - Continuance, please, your Honor.

Benji - The only final matter relating to summary judgment would be the obligation by the court to exclude any and all evidence procured by Detective Peters and Grounds based on the declaration before the court of the pending criminal defense and potential conviction imposed.

Judge - We'll reconvene in seven days to go over the motions on the table. Any necessary evidence should be handed over to the Bailiff here in court by the given deadlines. If you don't follow these instructions, I'll make decisions on the motions accordingly. Case adjourned.

We watch Benji saunter over to us, a smug grin plastered on his face.

Stephen - Did we do well?

Benji's gaze shifts to the ADA, who looks like he's about to blow a fuse.

Benji - That was a blast. There's nothing I enjoy more than poking holes in their narrative.