Reggie: Matt's New Friend - 6. Lawyers and More from Marty

Tuesday September 5

It's almost dinner time at the Harrison household when the doorbell rings.

"Hello Mrs. Harrison. I'm detective Farlie from the Portland Police Department. Do you have a son, Matthew?"

"Yes, detective..."

"Is he here, and may I speak with him, in your presence, of course?"

"Sure, come on in... Have a seat here in the living room, I'll go get him and his father. Moments later, she returns with the two of them.

"What can we do for you detective?"

"This is Matthew? You don't have an older boy that is Matthew?"

"No, our oldest son is Bruce."

"Odd. The Martin boy said his attacker was bigger than he was. Well then, I need to ask him about the alleged altercation this past Saturday. For his protection I'll be reading him the Miranda warning. Matthew, you have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during questioning. If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time. Do you understand these rights as I have read them to you?"

Bruce tried to interrupt during the Miranda warning, but detective Farlie held up a hand indicating 'wait until I'm finished.'"

"What's going on here? He's being arrested?"

"Not yet Mr. Harrison, but in case that does need to happen, he needs to be Mirandized before I question him. Do you understand, Matthew?"

I look back and forth from dad to mom and the detective. Mom and dad both nod.

"I understand."

"Will you answer a few questions?"

"Go ahead Matt, I'll tell you if there are any that you should not answer."

"OK. Were you at the Wawa located at 409 North Delaware Drive on Saturday the second at approximately 4:30 PM?"

Dad nods. (This will be assumed when Matt does answer a question.)

"Yes, I was getting..."

"Don't expound, Matt. Just answer exactly what he asks."

At this point, Bruce Jr. is listening from the hallway, where he had just finished his shower.

"OK, dad. Yes, detective."

"Did you see a Martin Martin there at that time?"

"Yes."

"Did you start an altercation with him?"

"No. He sta..."

"Matt. Only specifically answer what he asks."

"Sorry, dad. No."

"Did you punch or exhibit similar violence toward him?"

Dad shakes his head.

"OK. We'll skip that one. Did you re-enter the store and ask that 9-1-1 be called?"

"Yes."

"Did officer Callahan question you at that time?"

"I didn't know his name, but if that's who was there, then yes."

"Did officer Callahan give you any indication you were not at fault?"

"One second, detective, I'd like to hear Matt's answer in private first."

"By all means, yes."

Dad and I step out of the room and I tell dad approximately what the officer said. Dad indicates I should answer.

"I don't remember his exact words, but it was something like he felt there was no way I started it."

"And at that point he allowed you to leave?"

"Yes."

"OK, that's all I need for now. It's a his word against yours situation. I'm sorry to have to ask this, but you're not planning a family vacation anytime soon, are you?"

"No, we're not, detective."

"Thanks Mrs. Harrison. Here's my card, until you hear back from me if you do expect to take Matt out of town for more than 24 hours, please let me know?"

"Of course. Is there still a chance he'll be arrested?"

"I won't lie to you folks, yes, there's a chance. I'll be bringing all the details to the DA's office. It will be up to them if charges are filed. But, I will let you know either way. My personal opinion, based on the size difference between the two boys and the observations of the clerk and Officer Callahan, I wouldn't expect any troubles legally."

"Thank you detective. We'll be looking forward to hearing from you."

"You're welcome, goodbye."

I kept my composure well throughout the interview, but knowing I could get arrested at some point, I now opened up the flood gates. Bruce came into the room.

(Crying) "I d-d-don't w-want to g-go to jail."

"Calm down Matt. You were just protecting yourself. Nothing's going to come of this once everybody knows all the facts. Sorry I have to ask this, but did you start the fight with Marty?"

"What? No, dad. He..."

I couldn't get any further, I started crying again. Much to my surprise it was Bruce who sat down next to me and held me to try and calm me down.

Wednesday September 6

Bruce Sr. stopped at the office prior to heading to the job site. He needed to make a couple calls. The company didn't employ a lawyer full time, but had one they used when necessary. That was Bruce's first call.

"Hello, attorney John Gibbon's office, Connie Riley speaking. How can we help you?"

"Hi Connie, Bruce Harrison. Is John available?"

"Yes, one minute Mr. Harrison."

"Hi Mr. Harrison, John Gibbon here. How can I help you? Nobody got hurt, I hope?"

"No, John. Please, call me Bruce. It's a personal situation. I need a referral. My son Matt was in an altercation on Saturday and apparently the other boy's father wants to make it into more than boys will be boys. I'm not sure there will be charges brought, but it wouldn't surprise me if the other father tried to sue us."

"Hmmm. How old is Matt again, 12 or 13?"

"Actually 14."

"OK, it's likely in either case it would be handled in family court. Probably simple assault from a criminal standpoint. I'd recommend a friend of mine, Jerry Calloe. He does almost all of his work in family court."

John shares Jerry's contact information.

"Thanks John. Have a good day."

"No problem Bruce. Good luck and goodbye."

Bruce calls Calloe and after giving him an overview of the situation, sets up a meeting after school the next day. Carol is off, so all three of them are able to go.

Thursday September 7

Bruce gets home from work early so they can see the lawyer at 4:00.

"Hello Mr. and Mrs. Harrison, and this must be Matt, hello Matt."

"Hello Mr. Calloe."

"Take a seat there in the middle chair, Matt, if you don't mind being center stage, so to speak?"

"No problem."

"Something to drink? Coffee..."

"We're fine."

"Let's get to it then. Matt, can you first tell me about your prior relationship...OK, I see you don't like that word, interactions, with Martin?"

I explained how Marty chose me for some reason to be his 8th grade target, and that he didn't stop once high school started.

"So nothing physical happened last year?"

"Nothing significant, a shove here and there, like saying get away from me."

"And what triggered the punch from him last week?"

"He said he wasn't going to sit with us and I said he wasn't invited anyway."

"Nothing to get upset about. And the next day?"

"Marty threatened hitting my friend Drew and Drew hit him. Marty started throwing a punch at Drew, and he hit him again. Probably broke his nose."

"And still nothing physical from you?"

"Right."

"Until Saturday?"

"Until Saturday."

"And he moved to grab you first?"

"Yes, after knocking the groceries out of my hands."

"So you simply defended yourself, and were likely very lucky your hit was successful."

"Yes. For both."

"OK. Here's what I see potentially happening; worst case scenario. George Martin pressures the police to bring charges against Matt. Don't freak out, wait until I finish and you'll see why."

"OK. I'm sorry. I just don't want to go to jail."

"You won't. Worst case you'll be fingerprinted and put in an interview room. Of course, being 14, a parent must accompany you. If the police do pick him up, whichever of you is with him will call me right away, I'll give you both a copy of my card with all my contact numbers. You call me, I meet you at the police station, you put up bail, and Matt goes back home. Almost unharmed. Your fingers will be sore from scrubbing off the ink."

"And that's it?"

"No, Matt. Sorry. There will be a court date scheduled in family court where you and Marty will each tell your stories. Officer Callahan and Jimmy Willis will tell what they saw. At that point, the judge will almost definitely dismiss the case. No offense Matt, you're small, and nobody would believe you'd start something with a much bigger boy."

"None taken. Who's Jimmy Willis?"

"The Wawa clerk."

"Nobody would believe it except George Martin."

"It's very likely Mr. Harrison, that George is a bully as well and knows no other way to respond."

"So, you don't think anything will really happen to me?"

"That's the criminal aspect. There is also a possibility of a civil action."

"What's that?"

"He sues your parents on your behalf for damages due to the injuries you inflicted on him."

"But he was fine the next school day."

"Unfortunately irrelevant. What is relevant, however, is the fact that there were no medical expenses incurred, and again, based on the outcome from criminal court, it will likely be seen as a case of self-defense and the judge will rule in your favor."

"How can you be so sure? I don't mean to doubt you Mr. Calloe, but it's impossible to know the future."

"Understandable, Mrs. Harrison. I don't know the future, but I know the judges. I've been practicing law in family court here for 15 years. In my opinion, not a single one will believe the Martin's story over yours."

"What if he sues us first?"

"The timing gets reversed and the outcome is the same. Odds are whichever judge gets the first case, will also get the second, being familiar with the facts. Only difference is I will hear from the Martin's lawyer first, rather than one of you."

"You seem to be pretty cocky. I hope you're right."

"Confident, not cocky Mrs. Harrison. I know the arena we'll be battling in. Even if I'm not 100% correct, I'll be so close that the impact will be minimal."

Saturday September 9

It's going to busy day for detective Farlie. Late on Friday he got word from the DA's office they won't pursue charges against Matt. With a phone call to the Harrison's, he informs Mrs. Harrison. Bruce and Matt are at Bruce's company's office getting Matt set up for his part-time job.

"Hello, C&H Renovations, Julie speaking, how can we improve your home?"

"Hi Julie, Carol Harrison. Are Bruce and Matt still there?"

"Yes, I'll transfer you."

"Hello, C&H Renovations, this is Bruce."

"Hi Bruce."

"Hey Carol, what's up?

"I thought you and Matt would want to know this right away. Detective Farlie just called. He heard from the DA's office late yesterday. They won't be pressing any charges against Matt."

"Excellent, hold on a sec while I tell him."

"Tell me what?"

"The DA's office has decided not to bring any charges against you."

"Really?"

"Really. Your mom just got a call from the detective with the news."

"Yessss! That's so awesome."

"Carol, he's happy."

"I heard. OK, have a good day, love you."

"I love you too. Bye."

The detective's call to the Martin's wasn't as well received. But again, it was the Missus that got the word. George was incensed when he got home around lunchtime.

"How could they not bring charges? Marty told us the other boy was bigger and started it. I'm heading down to the station and giving someone a piece of my mind."

"Don't get mad at me. I only took the message."

"You're right, I'm sorry Ramona. I'll be back."

After George leaves, his wife mumbles "don't give them too big a piece, you'll have nothing left."

Arriving at the police department, he storms up to the desk sergeant.

"Sergeant... Gannon. I need to speak to someone about pressing assault charges."

"OK, let me get you someone."

After a few moments, a detective Addison comes out to greet him.

"Hello sir, I'm detective Addison. You wish to make a complaint?"

"Yes, my son was assaulted last week and a detective Farlby said the DA won't press charges. I want to know why."

"Detective Farlie isn't here right now. Why don't you accompany me to my desk and I'll see what I can find out."

"Fine."

"Have a seat, it should only take me a moment to get the file."

After retrieving the file, he takes a minute to review it. Fortunately, it's fairly short, so George doesn't get too much more upset.

"OK, Mr. Martin. Based on the lack of evidence and the information provided by witnesses, there are no grounds for assault charges against the other party, Matthew Harrison."

"My son gets hit by a bigger boy and it's not a problem?"

"Let me look closer... OK. Detective Farlie's notes indicate your son is approximately 5 foot five, 140 pounds, sound about right?"

"Yes."

"The Harrison boy is four foot eleven, approximately 100 pounds. I'm not sure where you're getting that the other party was bigger. The store clerk saw your son start the altercation, the responding officer looked at the two boys and also felt the other boy wouldn't have started anything, believing Matthew's explanation."

"My son told us the boy was bigger."

"I suppose that's something you'll need to bring up with your son. Filing another complaint would not be in your best interests. Falsely reporting an offense or providing false statements to law enforcement is a misdemeanor of the third degree in Pennsylvania, and it is punishable by up to one year in prison and a fine up to $2,500. I assume you don't wish to file a subsequent complaint. What your son told detective Farlie wasn't the truth. I can look the other way once, but having been warned, that won't be the case if you insist on filing."

"No. I don't want to file the complaint."

With that George leaves the station, no more satisfied than when he arrived; Angrier though? Yes. Back at home.

"Marty? MARTY!?"

"He's not home George, what did the police say?"

"Basically that Marty lied to us. This Matt Harrison is about 6 inches shorter and forty pounds lighter than him."

"So, he probably lied so you wouldn't get mad at him for losing a fight to someone smaller."

"I..."

"Yes?"

"Shit. But we can't stand idle for him lying."

"Of course not. We'll need to discuss a proper punishment."

"A beating sounds proper."

"No. It doesn't."

They continue arguing. When Marty gets home, he finds his game console missing and has to relinquish his cell phone for the week that he'll be grounded. Mr. Martin isn't satisfied, he'll be calling his lawyer on Monday.

Picking it up at the Harrison's.

"How was your first day of work, Matt?"

"Exhausting. Dad used to do that every day?"

"When he first started out, yes."

"I'm happy it's just once a week."

"It'll get easier as you get used to working. That's why we say study hard in school. You can get a job where you use your brain more than brawn."

"It's easier to take that advice when you get a taste of the brawn."

Monday September 11

We'll start out with Matt.

We're getting used to school, with the police involvement for Marty, he's been leaving us alone. Now that I know the police won't do anything, I'm not sure if that means Marty will just give up on us, or find some other way to bother us. Lunchtime provides a clue.

"You're so fucking lucky Harrison."

"Why? Because the cops saw through your lies?"

"We're going to get even with you by hitting your dad in the wallet. And I'm keeping my eyes open for another opportunity to beat the shit out of you."

"Genius. Threatens to beat the shit out of me with witnesses. (Turning to the next table) You all heard that too, right?"

They did.

"So, if I do get beat up, even if for some odd reason it's someone else, they'll come looking for you."

"Fuck you Harrison."

"Reverts to profanity. Your IQ just keeps getting lower. Just go away. Leave us alone."

Marty walks away, obviously unhappy.

"I don't know if you should have pushed his buttons like that, Matt."

"Probably not, Reggie. He really is too stupid to just drop it. He just pisses me off."

"We get that."

School continues without further issues from Marty. In the meantime, Marty's father is calling his lawyer to begin civil proceedings. Or so he thinks.

"Hello, Carter and Tratter. This is Andrea, how can I help you?"

"Is Mr. Tratter available?"

"Yes he is, who is calling, and what is this in reference to, please?"

"This is George Martin. I'd like to sue the parents of the boy who injured my son."

"OK, please hold one moment."

"Hello Mr. Martin. Jim Tratter. Can you give me some details?"

George explains the situation.

"Well, there are no medical expenses, I suppose we can sue for things like mental anguish, pain and suffering. Let me transfer you back to Andrea so she can take more of your info. I'll get hold of the police report and see what we can do. I'll get back to you in a day or so."

"OK. Thanks."

Andrea gets all the necessary info from George, in addition to a credit card number for the $100 retainer. George is obviously thinking he'll get that $100 back with a whole lot of its friends.

Tuesday September 12

"Hello?"

"George?"

"Yes."

"This is Jim Tratter. I have some information for you. I'd prefer to share it in person since I may need some signatures. Is there any way you can stop by, maybe after work today?"

"I can do that. I can probably be there by 5:30."

"I'll be waiting for you. Let me know if you are unable to make it."

"OK, but I'll be there."

Later that afternoon.

"Thanks for coming in. So, here's where we're at. Based on the police report, and the fact that the DA opted to not press charges, you'd have an uphill battle. Essentially, the Harrison boy reacted in self-defense. The fact that your son was injured was directly related to his starting the altercation. We could go forward with a lawsuit, but if the judge finds for the defense, you'd very likely be liable for both attorney's fees and court costs."

"What do you think my chances are of winning?"

"I'd say less than 10%. I'd be happy to take the case, but I'd be remiss if I didn't strongly discourage you from pursuing it."

"Shit. Nothing else we can do?"

"Best thing would be forget about the incident and have your son leave the other boy alone."

"I needed to be here for this?"

"Well, there was always the chance you'd pursue the suit, and you'd need to sign an agreement. Do you still wish to go ahead?"

"No. It's unfortunate, but I guess our hands are tied."

"Agreed."

"OK, thanks for your time."

"No problem. At least I saved you from wasting a lot of money going forward with what would be termed a frivolous lawsuit. Goodbye."

When George gets home, he tells Ramona and Marty what the situation is.

"I guess you need to leave this boy alone. For one, it sounds like he can protect himself, and two, anything happens to him, you're the first one anybody looks at."

"I guess."

"Marty, you need to promise us you'll leave him alone."

"I promise mom."

But does he mean it? Let's find out.

It's a couple more days, Thursday the 14th as a matter of fact, before Marty sees an opportunity he's too stupid to pass up. He is leaving detention and sees a boy up the road from him that looks a lot like Matt. Matt stayed late to work on a project with his science lab partner. Marty slowly catches up. Unfortunately for Matt, he's now next to a wooded area and he's unaware he's being followed. Marty steps up behind Matt and wraps his arms around him, essentially leaving Matt unable to defend himself.

"Got you, you fucker."

"Marty! What the fuck?"

"Payback time, bitch."

***** Skip the next paragraph to bypass the violence*****

Marty drags Matt into the woods, not being concerned about Matt getting banged into trees along the way. After finding a small clearing, he rams Matt's head into a tree a few times, leaving Matt very groggy. Marty throws Matt to the ground, who tries to crawl away, but Marty begins kicking and beating him. While Matt never loses consciousness, Marty does a pretty good number on him. Helpless, Marty strips Matt and begins sodomizing him. After he's finished, he tries to destroy Matt's clothes and leaves Matt lying on the ground.

Drew was waiting for Matt to come home after school to ask him something about the algebra homework. He thinks he's missed him and rings Matt's doorbell.

"Hello Drew."

"Hi Mrs. Harrison, I wanted to ask Matt about our algebra homework, but I guess I missed him passing by?"

"No. Matt's not home yet. He was planning on staying after to work on a science project."

"Oh. He would have left by now. I'll wait a little longer."

Drew waits, but he's also thinking. Matt stayed late. Marty had detention. Could they have left about the same time? What would be the odds? Drew figures there's no harm heading toward the school. There's really only one route Matt would take. Drew will just walk the rest of the way back with him. Drew makes it all the way to the school. It looks locked up tight. So, Matt must have left. Drew turns around and walks back toward home, a little more slowly. As he's passing the wooded area, he hears someone quietly calling for help. He runs into the woods and sees Matt lying there naked.

"I'm here Matt. What hurts?"

Matt tries to respond; Drew can barely make out what he's saying.

"Everything."

"I'll go get help. Let me cover you up a little. I'll be right back."

Drew covers Matt's groin with his t-shirt, Matt's clothes are pretty much torn apart. He heads to the first house past the woods and bangs on the door.

"What the hell, kid?"

"You need to call an ambulance. My friend was beat up in the woods over there. Please. I think he's hurt pretty bad."

"OK, let me call. Where is he?"

"Do you see that sort of path between the two biggest trees?"

"Yes."

"About 10 or 15 feet in from there."

"OK, I'll call and be right there. Go back and be with your friend. You picked the right house, I'm an off-duty EMT. What's your name?"

"Drew."

Drew heads back to be with Matt.

"Help is coming Matt. Just hang on."

The EMT arrives a minute later and starts taking a look at Matt.

"Aside from a lot of bruises, it doesn't look like he's got any serious injuries, but he'll need to be checked out at the hospital. I'll wait by the road for the ambulance. Here, let's put this blanket over him and you can have your shirt back, um, if you want it. It's light, but it will give him some warmth in case he's in shock. Does he have a cell phone?"

"No. I don't either."

"Can you punch his parent's number into my phone, and I'll give them a call?"

"Oh, God, yes. Thank you. His name is Matt Harrison."

"Hello?"

"Mrs. Harrison?"

"Yes, who's calling?"

"This is Earnest Krane, I'm an EMT here in town. Your son Matthew's friend Drew knocked on my door. Your son has been beaten. The ambulance is on the way to take him to Lehigh Valley Hospital - Pocono."

"Is he OK?"

"He's pretty bruised up, but I don't think there's anything critical. I'll go with him in the ambulance since I gave him a quick look."

"Thank you, Mr. Krane. I'm leaving now."

After the ambulance leaves with Matt, Drew runs home to wait for news. Carol makes a quick call to Bruce to let him know what happened and heads to the hospital.

"Hello. My son was just brought in, Matt Harrison."

"Yes, he's in room 4. Through these doors and toward the end of the hall on the left."

Carol gets to the room and looks in.

"Oh, my God."

"Mrs. Harrison?"

"Yes, how is he?"

"I think he'll be fine. I'm Earnest Krane. I believe it looks a lot worse than it is. They'll be taking him for x-rays in a moment, though."

The wheels are put in motion, Matt is checked six ways to Sunday and is found to be pretty bruised up with a minor concussion. Before they sedate him to give him rest, he says three words.

"It was Marty."

Next Up - "Marty Visit Jail and Matt's Recovery"