Thicker Than Water - 57. Chapter 57

“Mr. Parker,” Judge Arthur said, looking through a Motion Billy filed an hour before, “what is the meaning of this?”

Billy stood and was pleased to see the annoyed look on Mr. Clarke's face. “Your Honor, it's my belief that someone on Mr. Clarke's legal team has violated State Rules of Court 31.556, which is the Rule declaring that all Family Court proceedings be kept confidential and not open to the public.”

“And what evidence do you have to support your Motion?”

“Well, Your Honor, as mentioned in my Motion, a lawyer assisting on this case, Mr. Thomas Walker, I believe has been providing details about this case with members of his family, who have then started a campaign of bullying, harassment and assault on my clients, including Caleb Padilla.”

“That's a very serious allegation, Mr. Parker.”

“Indeed it is, Your Honor. Mr. Walker, who's real name is Michael Thomas Sr. has had personal conflict with Mr. Padilla and Bryan Padilla, namely through his wife, Debra, and youngest son, Daniel. In fact, I represented a friend of the Padilla's during a false-flag expulsion hearing in October facilitated by Mrs. Thomas in which Mr. Thomas was present.

“Mr. Walker's son has been a bully and tyrant at the school where Bryan Padilla attends, which has put the two boys at odds. In the course of this conflict, a friend of Bryan's was bullied to the point where the boy defended himself. Mrs. Thomas led a bigoted smear campaign that was squashed when information came to light about Daniel Thomas's history of bullying and assaults.

“It's my belief that Mr. Walker revealed the details of his case to his wife who has since rallied to harass my clients, with the homophobic protests out front of this courthouse, calling to having Mr. Padilla's fiancé fired from his teaching job, and it was the nephew of Mr. Walker who assaulted and tortured Caleb Padilla.”

“Torture seems rather dramatic, Mr. Parker, don't you think?”

Billy handed over a report from the school district Trevor had managed to acquire. “They waterboarded him, Your Honor, which as everyone knows, is a form of torture banned by most Western Nations.”

Judge Arthur reviewed the report and didn't look pleased. He set down the document and said to Mr. Clarke, “You've been uncharacteristically quiet Mr. Clarke. What do you have to say about these allegations?”

“At this time, Your Honor, I have nothing to say. I was very much blinded sided by this Motion and haven't had time to question Mr. Walker, let alone conduct a proper internal investigation. However, at this time, we will deny the allegations and object to this the Motion as baseless and meritless.”

“Do you have more than a hunch, Mr. Parker? Right now, your claim is rather weak on merit.”

“Not at this time, Your Honor; however, the Motion calls for the removal of Mr. Walker from this case as a conflict of interest, given that Mr. Walker had once taken money from my client regarding a consultation about this very case. A complaint to the State Bar Association has already been filed and waiting further review.”

“Is this true, Mr. Clarke?” Judge Arthur said, bitterly. “Did one of your lawyers consult with Mr. Padilla about this case?”

Mr. Clarke looked angry but calmly said, “Again, Your Honor, I have not conducted an investigation into the details of the allegations in this Motion, as I only received it 30 minutes ago.”

“Well, I'm going to overrule your objection, Mr. Clarke, and grant this Motion. Mr. Walker is to be removed from this case immediately. I am also issuing a Summons for him to appear before the Court and explain himself. In the meantime, I'm issuing a further search warrant for your office and Mr. Walker's communication devices. The warrant is limited in scope to all correspondences between Mr. Walker and the list of people provided in the Motion. Mr. Clarke, you are also given a gag order barring you from discussing this matter and all matters regarding this case with Mr. Walker, with the specific exception of removing him from this case. Should I find out that you tipped him off and evidence is somehow missing, you'll face contempt charges along with any possible criminal charges, is that understood?”

“Yes, Your Honor,” Mr. Clarke said, as he continued to glare at Billy.

“Thank you, Your Honor,” Billy said, as he took his seat.

Diego was beyond thrilled. He knew the judge couldn't stop the protests or the other forms of harassment his and his family were facing, but that didn't mean that the Thomas's were off the hook.

“Mr. Parker, you may call your next witness.”

Billy stood and said, “Thank you, Your Honor, Respondent would like to call Caleb Padilla to the stand.”

The doors to the courtroom opened and Caleb was wheeled inside. His ankle still wasn't suitable to stand on, and Billy liked the idea of the dramatics of the wheelchair. He was brought in by Bryan, and Billy was pleased to see both boys wearing freshly tailored suits; Caleb's was a slate gray, while Bryan's was more of a warm gray. Billy had heard that Bryan wasn't happy about the suit, but Kenny confessed that he thought Bryan was crazy hot in it.

Bryan helped Caleb into the chair at the witness stand before taking the wheelchair away and sitting behind his dad and Billy's table. The Court Clerk swore Caleb in before taking her seat.

Judge Arthur's demeanor softened as he looked down at Caleb's heavily bruised face. He said kindly, “Are you sure you want to do this? We can postpone until you're up to it?”

“I'm okay,” Caleb said, though he winced a little, as he shifted in his seat.

Billy couldn't help but smile. The site of Caleb would only magnify Judge Arthur's wrath on Thomas Walker, which only pleased Billy. Once given the go ahead from the judge, Billy began asking his questions. “Hi Caleb. Do you know why you're hear today?”

At first Caleb only nodded, but Judge Arthur politely told Caleb that he'd have to use his words. “Yes, Sir,” Caleb said to Billy.

“Great. In your own words, could you tell us why?”

“And feel free to take your time, young man,” Judge Arthur added. “We're not in a rush.”

Diego patted himself and wondered if he was in an episode of the Twilight Zone or Outer Limits. He wasn't sure how to feel about the judge being all grandfatherly towards his son, especially after all the shit the judge has pulled since the start of the hearing.

“Okay,” Caleb replied. He looked at Billy and said, “Calvin finally wants me and my brother.”

“What do you mean by 'Finally'?”

“Well, he abandoned me and Bryan when I was two and never came back until my mom's funeral. I guess he didn't like us until then.”

“Objection,” Mr. Clarke said, “Calls for speculation.”

“Overruled,” Judge Arthur said. “Respondent Counsel has already established grounds for that claim over the last two days, Counselor, or did you forget the previous twenty witnesses?” He looked to Caleb, his face softened again and said, “Please continue, Caleb.”

Caleb wasn't sure what to make of the judge. He had overheard his dads complaining about how mean the judge was, but the judge seemed rather nice, actually. “That's all I had to say, thank you, Sir.”

Diego was proud of his little man and his manners. Too bad Bryan wasn't more like his little brother, Diego thought.

“Caleb,” Billy continued, trying to regain control of his witness, “What's your earliest memory of Calvin?”

“That's easy. It was at the mall the same night when his girlfriend call the cops on my dad.”

“And that was in or around November, correct?”

“Yes Sir.”

“And are you sure you don't remember anything before then?”

“No Sir. I've tried but I never met him until that day at mall.”

“Objection, Your Honor,” Mr. Clarke said. “Clearly, the witness had met my client before the date in question, since my client had custody until he moved to Pennsylvania.”

“Your Honor,” Billy said, “Caleb was two years old at the time he was left with Diego Padilla. Mr. Clarke can't seriously be arguing that a child has perfect recall to when they were a toddler. It's pretty clear that Caleb was referring to meeting Calvin for the first time in his conscious memory.”

“Objection overruled,” Judge Arthur said. “Mind your objections, Mr. Clarke and remember that we're deal with child and not a grown adult.”

“Yes, Your Honor,” Mr. Clarke grumbled.

Billy continued. “Caleb, what was your first meeting with Calvin like?”

“He was nice at first. He bought me dinner and we talked a little. His girlfriend did most of the talking, though. She never seemed to stop.”

“How was your second meeting with Calvin?”

Caleb dropped his head and looked down. “It wasn't good.”

“Could you tell us why?”

Caleb seemed reluctant then said, “I don't want to get yelled at again.”

Before Billy could ask his follow up, Judge Arthur leaned over and asked, “Who would yell at you?”

Caleb winced as he raised his hand and pointed at Calvin. Billy quickly stated, “Let the record show that Caleb Padilla is pointing at the Petitioner, Calvin Johnson.”

“It's okay, Son. You won't get in trouble, I promise,” Judge Arthur said, coaxingly.

Still keeping his head down, Caleb said, “He got mad at me for asking him questions.”

“What kind of questions?”

“I don't know. Stuff, like where he worked and stuff like that.” As Caleb testified, a lone tear fell from the tip of his nose.

Judge Arthur handed Caleb a tissue and said, “Take your time.”

“Your Honor,” Billy said, “I'd like to submit Respondent's Evidence R-78, which is a recording of the visit taken by Steven Jensen, Caleb's soon-to-be stepfather and the supervisor of the visit.”

The Judge accepted the DVD and entered it into evidence without waiting for Mr. Clarke to object. “How many more questions do you have for the witness, Mr. Parker?” Judge Arthur asked out of concern for Caleb.

“Just a few more, Your Honor.” He looked to Caleb and asked, “Caleb, could you tell the Court what happened during your last visit with Calvin?”

Caleb explained in great detail about this visit, especially the part where Bryan was mad at Ashley for smoking and how Calvin didn't seem to care that Caleb had asthma and told him to roll down the window. “So, Bryan got mad, said some naughty words and got my inhaler for me because I forgot it.”

“Did Calvin tell Bryan to get it?”

“No,” Caleb replied, confused.

“Are you sure?”

“Yeah, I'm sure. Calvin didn't want him to, and said I'd be okay with the windows down.”

“One last question, Caleb. Do you want to live with Calvin and Ashley Johnson?”

“No,” Caleb said with a strength and force he had not shown until that point. “I love my dads, and I don't want to see Calvin again. He's mean and ignores me unless Ashley is around. I wished he'd go away and never come back.”

“Nothing further, Your Honor,” Billy said.

“Mr. Clarke, your witness.”

Mr. Clarke stood and said, “Caleb, were you told what to say?”

“Objection, Your Honor!” Billy said. “We've down this road before, and unless Mr. Clarke has evidence to support witness tampering, then he needs to be held in contempt.”

“What evidence do you have, Mr. Clarke, and it had better be good?”

“I'll withdraw my question, Your Honor,” Mr. Clarke said, clearly annoyed.

“I'm holding you in contempt, Mr. Clarke, and fine you $100 for violating my previous orders.”

“Yes, Your Honor.”

“Do you have any further questions for the witness?”

“Not at this time, Your Honor.”

“Very well,” Judge Arthur said. He smiled at Caleb and politely said, “You maybe excused, young man.” He then called for the deputy to assist Caleb back into his wheelchair. Once Caleb was in the gallery and settled, the judge said, “Mr. Parker, call your next witness.”

“I call Bryan Padilla to the stand.”

Bryan stood, straightened his clothes and made his way to the stand. He was pissed that Caleb cried and that their piece of shit sperm donor was the cause. He stood as he was sworn in, making sure the stair down Calvin with all the venom and hate he could muster in an expression of pure loathing.

“Please take your seat,” Judge Arthur said, his tone much more normal than he had been for Caleb.

“Bryan,” Billy said, as Bryan sat down, “what's your earliest memory of Mr. Johnson?”

Bryan didn't need a minute to remember. “When he left my mom for the last time.”

“And how old were you?”

“About four.”

“Objection, Your Honor,” Mr. Clarke said, “How can we be sure this is an accurate memory given he his age at the time?”

“Overruled,” Judge Arthur said, “save your point for cross. Please continue, Mr. Parker.”

“Yes, Your Honor,” Billy replied. To Bryan, he asked, “Could you tell the Court what you remember?”

“I heard yelling. Caleb and I shared a bed...well, it was more like a pile of old blankets and clothes, since we were sleeping on the floor. At the time, we were living with some friend of Calvin's; I can't remember who it was. Anyway, Donna and Calvin were fighting in the living room. I got up and went to see what all the noise was.

“They were quietly yelling about money and Calvin refusing to get a job. Donna was upset that she couldn't look after Caleb and me while working at the same time. Calvin said that he could look after us, while she got a job. Donna said it wasn't going to happen since Calvin refused to change diapers and make even the simplest sandwich for my brother and me.

“Calvin said that she could make our lunches before going to work if she was that concerned about it. They fought for a while longer until Calvin noticed me. He spanked me for being out of bed then yelled at me as he dragged me back to the room. I was crying, which woke up Caleb. Calvin spanked me again for being loud and waking my brother, before telling me to stay in bed.”

“Why do you suppose that memory has stuck with you for so long?”

“It was the first time I remember truly hating him,” Bryan's anger was apparent as he glared at Calvin.

“Do you remember the day he left you with and Caleb for Pennsylvania?”

“I do.”

“Could you tell us about that?”

“He was a dick the entire time--”

“Please watch your language, young man,” Judge Arthur said with a cold tone.

“Sorry.”

“Bryan, please tell the Court what you remember.”

“I remember Calvin yelling at Caleb for pooping in his diaper constantly. Calvin had given us some kind of fruit that gave Caleb diarrhea, but as usual, Calvin blamed Caleb instead of himself. I also remember Calvin yelling at us for not behaving, while he packed some of this things. I asked where he was going and was told to shut up. At one point, he spanked me and me stand in a corner for what felt like hours, while he packed. He had locked Caleb in a room, as he talked to someone on the phone. I remember Caleb constantly crying. Eventually, he gave us some candy and we fell asleep shortly after. The next thing I remember is waking up and my dad told us that Calvin left and didn't know when he'd return.”

“How did that make you feel?”

“Honestly, I didn't care and was glad he left, and I wish he never came back.”

“A lot of discussion has occurred around your opinions of Mr. Johnson, would you mind telling the Court in your own words the impact Mr. Johnson has had on your life since coming back to Washington?”

“It's sucked. He snapped at Caleb for asking questions, he refused to answer my questions, he ignores us...well, unless Ashley is around, then he tries to be father of the year. It's clear he's scamming her.”

“Objection, Your Honor, argumentative and speculative,” Mr. Clarke called out.

“Sustained,” Judge Arthur said with an attitude, “Young man, please keep such comments to yourself.”

“Yes Sir,” Bryan replied, trying to keep his anger in check. He saw how the judge was super nice to Caleb and definitely sensed the judge's bitchy tones towards him.

Billy cleared his throat to regain control of the situation. “Bryan, lets discuss your first unsupervised visit with Mr. Johnson.”

Diego froze. He figured that Clarke would be the one bringing this up and wasn't sure he was happy that his lawyer wanted to discuss it.

“Could you tell the court your side of the events?” Billy said.

Bryan explained that he wasn't happy to have visits with Calvin to begin with and was less thrilled once they started being unsupervised. He explained how Calvin was being super cheap when it came to the food and arcade. Bryan sheepishly explained that he wanted to drive Calvin away for the way he had hurt them.

“So why did you tell everyone around that Mr. Johnson hit you?”

Bryan didn't want to answer but knew he had no choice. “I wanted other people to hate him as much as I hated him.”

“Why do you hate him so much?”

Bryan's face turned red with anger and tears fell down his face. “Because he never loved us. He used us to get what he wanted, he drove our mother towards drugs with the way he treated her, which ended up killing her. He abandoned us. Since he's come back, he's lied to and about us, treated Caleb like crap, and only likes us to impress his girlfriend. A real father loves his kids unconditionally. He doesn't snap at them for asking questions. He wants to spend time with his kids without any conditions. Calvin isn't a real father, but Diego Padilla is and has been even before Calvin abandoned us.”

“How so?”

Bryan filled a nearby glass with water and took a drink, while trying to form the words he wanted to convey. “My dad, Diego, taught me a how to ride a bike, throw a baseball and football, he tutored me so I was no longer behind in Kindergarten, took care of me when I was sick, held me while I cried because Calvin was never coming back, took me to my first school dance, made me my first birthday cake,” Bryan said with tears streaking down his face as good and painful memories fought to get out. “Do you know even know what its like to be told that your parents couldn't afford a cake for your birthday, as they're walking out the door to the movies without you? I was four when they did that to me. I didn't get a single gift from Calvin because he decided he needed a new Playstation instead. I didn't even have a dresser for my clothes. Instead, I had a cardboard box, while he got a massage chair. All my clothes were old and used but he got a motorcycle, which caught on fire not too long after.

“My dads, Diego and Steve, love me. They have never let me down and stood by me no matter what I've done or said. I don't have to worry about whether or not I get a cake for my birthday, because I know they'll make it happen. I know if I want something, I can get it. Sure I might have to do extra chores or whatever, but I know they'll make sure I get it. With Calvin, I was never sure when my next meal might come, but I do know he never gave a shit about me or my brother. Diego didn't have to take us in when my grandmother died, but not only did he, he fought tooth and nail for us, while Calvin abandoned us for the third or fourth time for pussy.”

The courtroom was so silent, Judge Arthur even forgot to chastise Bryan for his profanity.

'Bryan,” Billy said, softly, breaking the stillness, “if you had your choice today, who would you rather live with: Diego or Calvin?”

“Is that even a question? Diego and Steve, my dads, hands down.”

“Thank you, Bryan. No further questions, Your Honor.”

“I think,” Judge Arthur said, “if it's alright with all parties, we should take a 10 minute recess, so the witness can collect himself.”

“No, I'm fine,” Bryan said. “I just want to get this over with.”

“Very well,” Judge Arthur said. “Mr. Clarke, your witness.”

“Thank you, Your Honor. Bryan--”

“No,” Bryan said, bitterly, “nobody told me what to say.”

Diego nearly choked on his water, and Billy had to stifle a laugh. Mr. Clarke looked like he was about to spit flames. “That wasn't what I was going to ask,” Mr. Clarke said, unable to hide his anger.

“I was just clarifying,” Bryan said, matching the older man's attitude.

“Please, only answer questions and leave any side commentary till after you're off the stand,” the judge said.

“Yes, Sir.”

Mr. Clarke, collected himself and said, “Bryan, would say that you'd do anything to not have to live with you father?”

Bryan looked confused and said, “I do live with my father; in fact, I live with both of them.” He pointed towards Diego and Steve. Steve couldn't help but smile proudly.

“You know what I mean?”

“Do I?'

“Objection, Your Honor, argumentative.”

“Overruled,” Judge Arthur said. “Either get to your point or ask another question, Mr. Clarke.”

“Yes, Your Honor. Allow me to rephrase; Bryan would you do or say anything to avoid living with my client, Calvin Johnson?”

“No.”

“No?”

“Did I stutter?”

Judge Arthur banged his gavel. “You will watch your tone and attitude in my courtroom, young man. Do you understand me?”

“Yes Sir, I was only clarifying, since I used to stutter until I was seven.”

Diego knew what his son was doing, but it was very true that Bryan did have a stutter.

Mr. Clarke didn't like being made a fool of and, thus far, this case was pushing his limits. “Bryan, please answer the question.”

“Which one...again?” Bryan caught his dad's eye and decided behaving was for his own good.

“I asked whether or not you'd do or say anything to not have to live with Calvin Johnson.”

“I already answered that question. I said, 'No.'”

“You seem to have gone out of your way to do so.”

“Objection, Your Honor. That's not a question and is speculative," Billy said.

“Sustained. Ask a question, Counsel, or move on.”

“Bryan, why did lie about my client assaulting you in the arcade?”

“I wanted him to go away, and I hate his guts.”

“So you would say or do anything to not have to live with my client?”

“No.”

“But you just admitted to lying about being assaulted.”

“Yes.”

“So you're lying now.”

“Nope.”

“Your Honor,” Mr. Clarke said, throwing up his hands in frustration. “Would you compel the witness to answer the question honestly?”

“Mr. Padilla, you need to answer every question and do so truthfully,” Judge Arthur admonished.

“I did; because he doesn't like my answers or can't seem to ask the right question, doesn't mean it's on me.”

Billy leaned over and whispered to Diego, “Your kid might make a good lawyer.”

“If he doesn't end up in jail,” Diego whispered back, wishing his son would stop playing word games.

“Fine,” Mr. Clarke said. “Please tell the Court under which conditions you wouldn't lie.”

Bryan just sat his chair stair down Mr. Clarke. Eventually Judge Arthur said, “Son, you were asked a question.”

“No, I wasn't. You said I had to answer all questions truthfully, but I wasn't asked a question. I was given an order, which you didn't say I had to respond to.”

The judge slammed his gavel, causing everyone to jump. “If you keep up your attitude, I will find you in contempt. Do you understand?”

“No Sir.”

“What about my statement don't you understand?”

“The contempt part. From what I understand, you don't like anyone who isn't Calvin or his lawyer, and anyone who says otherwise is held in contempt. I'm at least willing to earn mine.” The judge's face turned deep red. Billy stood to stop Bryan from talking further but wasn't fast enough. “And before you blame my lawyer or my parents, they didn't tell me anything. I listened into their conversations and drew my own conclusions and dare you to prove, otherwise.”

“I hold you in contempt,” Judge Arthur said, slamming his gavel.

“Not nearly as much as I hold you,” Bryan retorted.

“Bryan” Billy called out. “That's enough, please.”

“Mr. Parker, you need to get your client under control before he's sent to juvenile detention.”

“Well, shit. If I'm going to jail, I might as well earn it,” Bryan said, and with that, he few his glass of water across the room, striking Calvin in the head.

“Deputy!” The judge yelled, “take Mr. Padilla to holding. Everyone else, clear the courtroom. Mr. Parker and Mr. Clarke, ex parte in chambers, now!”

Diego was mortified. He had never, ever seen Bryan behave so disrespectfully. It made him rethink some of the things he had heard about Bryan's behavior towards bullies.

“I know I should be mad, too,” Steve said, as he held his fiancé, “but I hope Bryan can play baseball next year.”

“If he's not sitting in prison or is ungrounded by then,” Diego said.

The pair watched as Calvin was escorted from the courtroom by his wife. “We're going to sue you,” Ashley called out.

“Oh yeah? If you win the case, you'll only be suing yourselves, you idiot,” Steve yelled back.

It was almost an hour before Billy met them in the hall, and he didn't look happy in the slightest.

“What's going to happen to Bryan?” Diego asked first.

“The judge has agreed to community service and fine, which I'll pay.”

“Thank God,” Diego said.

“But there's more, isn't there?” Steve asked, recognizing the look on his old friend's face.

“Unfortunately, Mr. Clarke is dropping the custody battle for Bryan...but they're still going after Caleb.”