Divisions
by Sue Meyer
Part 23


The presiding judge, Harold Carter, looked over the slate of cases remaining on his calendar for the day. Next up was State versus Epstein, aggravated assault and attempted murder. The criminal had pled guilty; all that remained was a routine sentencing.

The bailiff called the court to order, and an officer brought in the prisoner, an aging, disheveled man. His clothing was rumpled, and he walked with shoulders sagging and head bowed.

"Patrick Michael Epstein."

The man steadied himself against the defendant's table, as though bracing for a blow.

"You have been charged with, and pled guilty to, aggravated assault and attempted murder. Have you anything to say before I pass sentence for your crimes?"

Epstein stood stoically silent and stared fixedly at the floor without making a comment.

"I hereby sentence you to--"

"Your Honor." A young woman stood up unexpectedly and looked at him uncertainly. "Might I please say something on the defendant's behalf?"

Judge Carter was startled, as was nearly everyone else in the room. He noted the young woman in question was dressed in a simple, dark suit and white blouse. Her face showed signs of fading bruises, and a newly formed scar was barely discernible above her right eye. She was holding tightly to the hand of an oriental-looking, older gentleman, who was wearing a plain brown jacket.

"And who might you be?" the judge asked curiously.

"My name is Katherine Christine Caine, Your Honor." Kacie's face was pale but determined.

Epstein reacted for the first time, and swung around to stare at her in disbelief. He turned around quickly and dropped his gaze once more. {What is SHE doing here?} he thought in confusion.

The judge looked at the file in front of him. "Miss Caine..."

"Mrs.," she quickly corrected.

"Mrs. Caine, aren't you the victim of this crime?"

"Yes, Your Honor."

"And you wish to speak on BEHALF of the prisoner."

"Yes, Your Honor."

Carter cleared his throat. "This...is most irregular, but, you may approach the bench."

"Thank you, Your Honor." The elderly man next to the woman stood up to let her pass, first planting a kiss on her forehead and giving her an encouraging hug.

Kacie approached the judge and swallowed a few times as she came to stand before him.

"Please proceed, Mrs. Caine."

"Your Honor, I know the charges against this man are serious ones, and I do not make light of them. But he is sick, not a criminal. What he did was reprehensible, but he was not responsible for his actions at the time." She hesitated a moment, shuddering at the remembrance. "He has a disease, a disease called alcoholism, that needs treatment as much as diabetes or pneumonia. He needs treatment, not incarceration."

Epstein stared at her while she spoke, his mouth hanging open and eyes wide with disbelief.

Kacie continued in a tremulous voice. "Your Honor, this man was a cop, and a good one, for over twenty- eight years, as his service record will show, if you care to see it."

Unknown to her, Peter, Paul, and Strenlich had slipped into seats in the back of the courtroom.

When Peter recognized Kacie standing before the judge, he half-rose to his feet. Paul placed a restraining hand on his arm, and he sat back down again. Caine chose that moment to look back and catch Peter's eye. The words were unspoken, but Peter heard them clearly. "It is all right, my son. Be silent."

"Your Honor, if you put this man in prison, you will be sentencing him to a sure death at the hands of criminals that he helped to put away. I feel certain that if the defendant had chosen to be represented by counsel, an argument would have been made of diminished mental capacity, and some sort of plea bargain arranged.

"If it please the court, I ask you to consider committing the defendant into an in-house treatment center for detoxification and counseling."

There wasn't a sound in the courtroom as she spoke. "Patrick Michael Epstein took an oath to protect and to serve society, which he did faithfully for over twenty- eight years. It is my personal feeling, as a part of that society, that it is the court system's duty to do something to reward that service and help him, now."

She spoke in a voice full of emotion. "If it please the court, I ask that you show mercy to this man. Thank you, Your Honor."

District Attorney Benton rose to his feet. "A very moving speech, Your Honor, but the people demand protection from vicious assaults such as the crimes committed here."

Kacie kept her attention focused on Judge Carter's face and argued, "Your Honor, the defendant was out of his mind with grief over the death of his son. Surely this would be considered mitigating circumstances."

Epstein stared at Kacie in dumbfounded amazement, questions whirling around in his head. {What is she doing? What does she care how I feel, how I felt? What kind of woman is this?}

Benton was beginning to look irritated. {This was my chance to grandstand before the public. What's she doing here, stealing the show?}. "Your Honor, I would like to ask Mrs. Caine a few questions, if I may."

The judge looked at him dubiously, but replied. "You may proceed."

Benton looked at Kacie coolly. "Mrs. Caine, what possible reason do you have for being here today? Have you been coerced or forced by someone within the city police department to come down here on some type of damage control mission?"

There was a mild disturbance at the back of the courtroom, and Judge Carter shifted his gaze from Kacie to a tall, dark-haired man who was being physically restrained by a burly, drill sergeant-type man and a craggy-faced graying gentleman. He could appreciate the anger on the younger man's face over the line of questioning being posed to the young woman.

"Mrs. Caine, please answer the question," Benton persisted.

"Your Honor, I am here of my own volition. I have spoken to no one at any police department about being here today."

"Not even your own husband? Who, I understand, was formerly a partner with Mr. Epstein?"

"I did not. He doesn't know I am here today."

"I find it hard to believe that you would not discuss this with your husband, Mrs. Caine."

Kacie lost her white-knuckled control for a moment and snapped, "What I do and do not discuss with my husband is none of your business, sir."

A ripple of laughter floated over the court room, and Judge Carter rapped his gavel sharply to restore order.

"What is the point of this line of questioning, Mr. Benton?" Carter asked crisply.

"I am merely trying to establish the possibility that Mrs. Caine's intercession on behalf of the defendant is a last-ditch attempt on the part of an inefficient police department to cover its tail on the usage of unstable personnel."

"Your Honor, please?" Kacie had nearly reached her emotional limit. "I am here today to speak for the defendant because there was a time in my own life, not all that long ago, when I was unable to speak for myself, and someone had to step in and intercede."

Her head dropped momentarily, and she twisted the rings on her left hand nervously. "My father and brother were killed almost three years ago, and I..." Her voice started to thin. "I went into a depression so deep and so black, I wanted to die. I felt there was no reason to go on, nothing to live for. I didn't fall into drink, but I was heavily medicated, all the time."

Peter started to his feet again, and Paul murmured, "Steady, Peter. She's doing fine."

Kacie composed herself and continued. "I...had to be institutionalized and treated for depression. It was only because I had someone to stand up for me that I...was able to get the help...I needed...to put my life...together again. If they hadn't, I would have missed out on the greatest joy in my life. Mr. Epstein deserves that chance, too."

Judge Carter engaged the district attorney in a stare- down, and Benton was the first to look away. "Are 'the people' satisfied, Mr. Benton?" Carter's voice was laced with sarcasm.

"Nothing further, Your Honor." Benton's mind was already working. {Shit. This lady has done nothing but make me look like a coldhearted jerk. Now I'M the one who's gotta work on damage control.}

Carter stared at Kacie in wonderment. She hesitated before the bench, unsure of what to do next.

"Thank you, Mrs. Caine. You may be excused."

She nodded her thanks and turned away on shaky legs. She paused a moment before the defendant's table as Epstein reached out a hand to her. "I'm sorry," he said hoarsely, in a voice overcome with emotion. "I am so sorry."

She slowly extended her hand and laid it gently on his arm. The simple act was enough to bring tears to Epstein's eyes. {Maybe if I'd of married somebody like you, my life wouldn't be so screwed up.}

Peter rose to his feet as soon as the judge dismissed Kacie, and he strode swiftly down the courtroom aisle. When she looked up and saw him coming for her, her face crumpled, and the tears she had been fighting for so long overflowed. She reached out her arms for him the way a child reaches for comfort from their parent. Hiding her face against his chest, she cried. As he held her, Peter met Eppy's reddened, tearful eyes.

"Petey, I am so sorry."

Holding his wife tightly in his arms, Peter choked, "I know, Eppy. I know."

The two men exchanged a look, and Epstein felt a sudden fluttering of hope in a heart he had thought no longer capable of feeling such an emotion. The hatred he had been so sure would be there, the hatred he had seen in Brian's eyes that last time, wasn't evident in Peter. All he saw was compassion, sadness, and yes, some regret. {You were always like that, Kid. Always taking everyone else's pain and making it your own.}

With Kacie clinging to him, Peter walked slowly back down the aisle, whispering softly into her ear. They slipped into seats at the back of the room. Paul pulled a handkerchief from his pocket and handed it to Kacie, who wiped her eyes and nose with it while Peter continued to speak to her softly.

Carter noticed that the elderly gentleman who had been sitting with Mrs. Caine was now leveling a look at the bench. The inscrutable stare was almost measuring, as though the gentleman were determining if the judge was truly worthy to make the decision that needed to be made.

Clearing his throat, the judge directed his comments to the prisoner. "Well, Mr. Epstein, that was quite a stirring appeal made on your behalf. Have you anything to say NOW, before I pass sentence?"

Tears ran freely down Eppy's face, and he faltered. "Only that I am very sorry, Your Honor. I give no excuse for what I done. Just that I am very, very sorry."

Carter studied the papers before him and then stated, "Patrick Michael Epstein, I hereby sentence you to fifteen years in the state penitentiary. The crime you committed was heinous and deserves no lesser sentence."

Epstein flinched and lowered his eyes. It was no more than he deserved, and what he had expected. Yet, it didn't matter. The compassion he had found on Peter's face was reprieve enough. The empathy that had emanated from Kacie's eyes had nearly undone him. {Maybe, if she could turn her life around like that...maybe I can, too}.

The judge cleared his throat and continued. "But, in light of Mrs. Caine's testimony on your behalf, I am suspending that sentence and instead, remanding you to the Hazelton Rehabilitation Clinic in Newark for a term of no less than six months. If, at any time, the treatment officials there are displeased with your conduct or your commitment to the program, you WILL appear before this court again for a sentence review."

Carter looked at the district attorney, who, though looking somewhat chagrined, nodded his head in agreement. He then looked at the oriental gentleman in the brown coat, who had originally been sitting with Mrs. Caine. The man had risen to his feet, put his hat on his head, and bowed to the judge. Smiling, he turned and started to walk down the aisle. When he came to Mrs. Caine and the man who was obviously her husband, the three walked out the courtroom doors, both men with their arms around the young woman.

Carter slammed his gavel once. "Next case."



To Conclusion

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