Thicker Than Water - 66. Chapter 66

“All rise,” The court clerk called out. It had been two days since the judge heard closing arguments, and Diego was getting nervous. Billy tried being reassuring, but for Diego, this was an open and shut case, which should've been dismissed months ago.

“You may be seated,” Judge Arthur said, as he and everyone else sat down. “Is the Petitioner and his Counsel present?”

“Yes, Your Honor,” Mr. Clarke said, standing up. Diego looked over and saw Calvin was in a wheelchair, with a neck brace. Ashley was also at the table, holding Calvin's hand. Diego couldn't believe that she was still with Calvin, but then again, Calvin had a way of getting under someone's skin. Like scabies, Diego thought.

“Is the Respondent and his Counsel present?”

“Yes, Your Honor,” Billy said, also standing up.

“Very well,” Judge Arthur said, as he shuffled around some papers and signed a few. “In all my years on the bench,” he started, “I have never witnessed such a circus."

And who's fault is that, Diego thought ruefully, remembering Judge Arthur's first day in court.

“The lack of professionalism from both counsels, the perjury committed by the Petitioner and his witness, the assault of Mr. Johnson at the hands of Bryan Padilla, and not to mention attempts to side step the rules and procedures of this Court just to win a case. Everyone present should be ashamed of themselves.

“With that said and out of the way, this case seems open and shut to me. On the one hand, you have the Petitioner, who has not been a great father from the very beginning, even by his own admission and the evidence at hand. Mr. Johnson, it's clear to this Court that your love of money and material things outweighs the love you might have for Bryan and Caleb, even before you left them with Mr. Padilla. If you're to be believed, you returned with the hopes of getting them back, reestablishing a relationship with them, and found a way to provide for them, even if it is unscrupulous at best.

“On the other hand, Mr. Padilla has done his best of the last 10 years to care for, nurture and raise both boys as if his own. He's a local business owner, who still remains active in the boys' lives. There is a likely chance that he and the Petitioner's mother did collude to deprive the Petitioner of contact with the boys during the initial separation, but after the Petitioner lost custody under the previous court ruling, the Respondent was under no further obligation to provide nor permit contact of any kind, being the sole guardian of both children.

“The question before the Court comes down to whether or not there was collusion and if that collusion was the resulting cause of the Petitioner losing his rights as a parent. As the Respondent pointed out, that is usually a matter for the State Court of Appeals to settle, and again, as the Respondent pointed out, the filing for the appeal lapsed 30 days after the previous ruling.

“So, now this becomes a matter of jurisdiction. Does this Court, through a civil case, have the authority to overturn the previous court decision which technically falls under the criminal court jurisdiction for abandonment?

“There's also the aggravating circumstances surrounding the Petitioner's behavior the other day. I am not the District Attorney nor a Trial Court Judge any longer, so I cannot comment on the legality of the incident, but it also cannot be ignored. According the Petitioner, he was exercising his right to a visit per the Court's order, while the Respondent insists that it was a kidnapping, since nobody, including Caleb Padilla was made aware that Mr. Johnson was there to pick up Caleb. Furthermore, due to Mr. Clarke's statement in Court that day, the Petitioner was supposed to be at the hospital getting a COVID-19 test. So, was Mr. Clarke lying to the Court or did Mr. Johnson lie to his lawyer? There's no court rule requiring the represented parties appearing during closing arguments, but misleading statements were made to someone regardless of the reasons for them.

“Then, finally, there are the mitigating circumstances. Both Bryan and Caleb Padilla have made it very clear that they don't want to live with the Petitioner. In fact, after the assault of Mr. Johnson, the Petitioner dismissed his claim for the child, while still pursuing the other, which could result in separating two brothers who clearly love and care for each other.

“As I said at the beginning, this case seems open and shut to me. It may not seem that way to all present. With that said, the Court rules in favor of the Petitioner."

Half the court erupted into cheers, while Diego cried out, "No! You can't do that!"

“Order!” Judge Arthur said, slamming his gavel on the block. “I will have order in the Court, or I'll clear the room, save for the lawyers. Mr. Parker, you best get your client under control, or I'll hold him in contempt.”

“Diego, you really need to sit down,” Billy said, pulling Diego by the arm, till the man was seated.

“In addition to awarding Mr. Johnson full and sole custody of Caleb Padilla, the Court also rules that the Petitioner will likewise be granted custody of Bryan Padilla.”

Another outburst from the Court brought about Judge Arthur's rage. He ordered the deputy to remove everyone from the gallery, leaving only those at the counsel tables. Diego was too overwhelmed to even cry, while Calvin and Ashley could be heard whispering their happiness.

“I feel it's in the best interest of both children to be reunited with their biological father. After witnessing first hand the violent tendencies of Bryan and reading the police report of Caleb's attack on Mr. Johnson, it's the Court's opinion that both boys have a propensity towards great violence, likely due to Mr. Padilla's raising of them. It's also likely that the lack of a female presence in their lives have been a great contributor towards this violence. As much as Mr. Padilla and society may think that one or even two men can raise children without some kind of psychological damage or consequence, but this Court doesn't agree. Boys need mothers, and given Mr. Padilla's chosen lifestyle, it's clear that Mr. Johnson is the better of the candidates.”

“Objection, Your Honor,” Billy said, his anger rising above anything Diego had ever heard before. “This is discrimination at best, and a clear violation of my client's rights.”

“Take it up on appeal, Counselor,” Judge Arthur said. “This judgment is effective immediately and will be enforced by the Washington County Sheriff's Office. The Respondent will have 1 hour to hand over physical custody of both minors, while given an additional 24 hours to give over all possessions belonging to the minors.

“We are dismissed,” and with that Judge Arthur left the courtroom, leaving Diego on the verge of collapsing.

*     *     *

“Are you okay?” Diego asked when he saw Steve sitting at the kitchen table.

“I should be asking you that,” Steve said, as he got up to hold his fiancé.

“I'm really sorry,” Diego said, as he started to cry. “I just...”

“I get it, Baby,” Steve said, as he kissed Diego and wiped away his tears.

“What's going on?” Bryan asked as he and Caleb walked into the kitchen.

“Nothing,” Steve said, trying to hide the blood-soaked tissue sticking out of his nose. "Your Dad had a nightmare last night."

Caleb limped over and squeezed his way between his dads. Bryan went around and hugged Diego from the back. Diego continued to cry but there were happy tears.

“What was your dream about?” Caleb asked once everyone sat around the table for breakfast; Steve made pancakes.

“Don't worry about it, Mijo. I don't want to jinx it.”

Bryan and Caleb understood that it had to do with the court case, and they didn't want to jinx the situation either. Everyone ate in silence. Bryan was dreading his second day of community service, especially since it meant that he'd be doing it with both Uncle Luis and James. It would also be the first time he'd be mostly alone with his friend after their kiss. He hadn't given it much thought since it happened, but when he did....

Diego's phone rang, and he reluctantly answered; it was Billy.

“Judge Arthur is ready to make his ruling,” Billy said. “You have an hour, and make sure everyone you know is there. Ry is leaving your managers in charge, so he, Charlie and their kids will be present.”

“Got it,” Diego said, hanging up.

Everyone looked worried. Diego told them what Billy said and told the boys to wear their suits. Bryan grumbled but it was short lived after Steve told him to grow up and get over it. “You're going to be wearing it again at the wedding, unless you want us to find you a nice pink one.”

Bryan shrugged. “It would only bring out my eyes."

Everyone laughed but got dressed and in the car in record time, including Caleb, who was dressed by Bryan and carried out by Steve.

*     *     *

Nobody talked on the way to the Courthouse. Their collective anxiety filled the void left by the lack of conversation. Diego sent Luis a text and asked him to come and got a thumbs up emoji in return. As they drove towards the parking lot, the Beck family were still there with their signs, while the counter protesters had at least tripled. Many of them were high school students Steve had recognized from his classes. They held signs that said, "Love Conquers All," and "Jesus Was Gay, Too! He Love Peter!" Most were Bible quotes Diego recognized from his days going to church, all promoting loving everyone unconditionally.

Their small family met Billy just inside the building. He seemed nervous but also hopeful. As they walked to the courtroom, Billy gave instructions to remain quiet regardless of the verdict. He especially looked at Bryan and said, “If you have an urge to throw something, I suggest you go out to the hall instead. Got it?”

“Yes, Sir,” Bryan said, looking down in shame.

Once they entered the hall where the courtroom was located, a great cheer greeted them. Family and friends filled the hall, almost blocking it off. The Padilla family was pulled into hugs and passed around as everyone wanted to them luck. Diego wasn't surprised to see Ry, but was surprised to see all their employees.

“It's too important of a day,” Ry said, as he hugged Diego. “They wanted to show their boss their support; plus, I promised that they'd see you cry when you win.”

“Great. You'll ruin my reputation,” Diego said, as he hugged Charlie. Diego gave the twins and Bethany extra long hugs, thanking them quietly for their part in rescuing Caleb.

“It's not a problem, Mr. Padilla,” Bethany said. “I'm glad it worked out and Caleb is safe.”

Quinton took off to hang out with Kenny, who arrived with Trevor. James looked over nervously towards Bryan. Diego hugged the boys and said, “I don't care that it happened. It's really none of my business, but he cares about you, just...don't be inappropriate here, okay?”

James returned the hug and said with a smile, "Damn, and here I bought some cherry Chapstick for nothing!" And sure enough, he pulled a small tube from his pocket.

Diego nearly pulled a muscle rolling his eyes, as James made his way over to Bryan. He chuckled as James handed over the Chapstick to Bryan, who looked confused for a second then punched James on the arm, which was followed by some laughs then a hug. Boys, Diego thought, as he made his way to Steve.

*     *     *

“All rise,” the Court Clerk called out.

Everyone took their seats as Judge Arthur sat down. After calling the Court to order, Judge Arthur looked over at Calvin, who was in a wheelchair and wearing a neck brace. Ashley was nowhere to be seen.

“I'm going to make this easy on everyone,” Judge Arthur said, as he shuffled through paperwork and signed some documents. “I'm dismissing this case with prejudice.”

There were some cheers from the crowd, which caused the judge to tell everyone to calm down.

“Objection, Your Honor,” Mr. Clarke said, as he stood. “On what grounds?”

“Mr. Clarke, there are plenty of reasons why, so how about we start with a question: When you told this Court yesterday that your client was in the emergency room getting tested for COVID, were you lying to the Court or did your client lie to you?”

Clark stood frozen and silent, while everyone waited on his answer with bated breath. "I only reported to the Court what was communicated to me, Your Honor."

“And who communicated that to you, Mr. Clarke?”

“That would've been Mrs. Johnson, Your Honor.”

“And where is Mrs. Johnson?”

“She didn't come today. She and I felt that she wasn't needed.”

“Interesting. Your client, Mr. Johnson, is facing kidnapping charges, and his alibi isn't here. How convenient? Regarding your objections to this and other matters, Mr. Clarke, consider them all overruled and your client can take them up on appeal.

“Now, with that said, given the testimony, evidence and pending criminal charges against the Petitioner, I find that there is no supporting claims or evidence that would permit me or any other judge to even begin to rule in favor of the Petitioner.

“In addition, it is clear to this Court that the Petitioner's lack of regard for not only the legal system but the welfare of the children in this case makes him ill-suited to be a parent of any kind. I'm not even sure he should care for anything including a pet rock.

“With this ruling, the Petitioner will not be allowed to make any further filings for custody for either Bryan Padilla or Caleb Padilla.

“Furthermore, given the events of yesterday which took place during the proceedings, I am also issuing a stalking order against Mr. Johnson on behalf of Caleb Padilla, Bryan Padilla, Diego Padilla and Steven Jensen. Mr. Johnson you are hereby ordered to have no contact with any of the named parties, either directly or indirectly, including any and all methods of electronic communication, including but not limited to social media. You are also forbidden from frequenting any location of residence, employment or schooling frequented, attended or owned by the named parties. Lastly, you are not to be within 1,000 feet of any of the named parties at any time for any reason upon leaving this Courthouse today. This is to be enforced with the full weight of the law, Mr. Johnson. This isn't a simple restraining order that you can just skate by. You can face serious criminal charges for violating this order.

“If you disagree with this order, you'll have to appeal it.”

“Your Honor,” Mr. Clarke said, “My client will be appealing it.”

“Very well, Mr. Clarke.”

“The last business before this Court contains two items. First, I am amending the contempt charge against Bryan Padilla to two hours of community service with time served.”

Bryan nearly pissed himself. He was free! James, despite looking disappointed, gave Bryan a fist bump.

“And second, despite the lessening of the community service, Bryan, you are still required to attend therapy as previously required. After this proceeding, I can understand why you may have some unresolved issues to work out.”

Billy motioned for Bryan to stand. "Thank you...Your Honor." The second Bryan sat down, Caleb collapsed in his arms crying.

“Mr. Parker,” Judge Arthur asked, “Is there anything your client would like to say to the Court?”

Billy looked at Diego, who was too overwhelmed. "I believe, Your Honor, that my client's tears of joy should suffice."

“Very well. Court is dismissed,” Judge Arthur banged his gavel and left the room, as everyone made their way out to the hall. Before Diego and Billy could move into the gallery, two cops entered the courtroom from a side door and approached Calvin.

“Calvin Johnson,” one of them said, “you're under arrest for Kidnapping II, Reckless Endangerment of a Minor, Reckless Driving, Vehicular Assault, Perjury, Identity Theft, Forgery, and Impersonating an Officer of the Court.” The second cop cuffed Calvin who still couldn't talk from the strangulation, as the first officer read Calvin his rights.

Diego smiled as Mr. Clarke told Calvin, "Now that this case is done, I no longer represent you. Nobody from my firm will represent you, either, and expect divorce papers from your wife. You can also file your own appeals."

As Calvin was being wheeled away, he stared daggers at Diego who couldn't stop smiling, and even waved. He wasn't sure how long Calvin might spend in prison, but he was glad to know that the man would no longer be a threat to him or his family ever again.

“Come on,” Billy said, nudging Diego. “There's a small crowd of people who want to congratulate you.”

"What's the forgery and other charges for?" Diego asked as they made their way to the hall.

"Apparently, Calvin copied and pasted a custody order and forged the judge's signature."

"Are you fucking kidding?"

"Nope," Billy chuckled. "He's going away for a while, so rest easy."

The mass of people left the building and made their way to the protest area, where a group of television trucks were parked. Trevor helped Billy with his tie, before Billy went over for his interview. Diego found Steve and Charlie talking to David, the priest who performed Donna's burial. All the boys were hanging around each other, with Caleb having gotten a piggyback ride from James. As much as Diego hoped there wouldn't be, there was still a very noticeable awkwardness between Kenny and Bryan.

He just watched as the crowd of supporters...his family's supporters...practically surrounded the Beck family. The chants and songs celebrating love and diversity drowned the whimpering death throes of the Becks, as they tried to make their escape.

“Not bad for a little Mexican kid, eh, hermano?” Luis said, putting arm around Diego.

“Nope, not at all,” Diego said.

“Papá would be proud.”

“He'd probably be kicking some bigot ass.”

“Definitely,” Luis said, laughing.

“I can't believe it's finally over.”

“It's not quite over. You still have your wedding. Speaking of, rumor has it that I'm not your best man.”

“You're not,” Diego said, flatly, “but we do have room for a flower girl.”

Luis laughed and hugged his brother.