The Boy on the Porch - 12. More Tests, More Evidence, and the Trials Begin

Thursday came and with it came Steve’s MRI. The doctors weren’t taking any chances with a possible head injury, scheduling it immediately. The initial findings were negative for any anomalies. A follow-up visit with the pediatrician was scheduled for November fourth.

Friday, Brendan was surprised when Stephanie Lawson showed up for the next CPS check-in.

“Hi Stef. Are you and Skylar trading months or something?”

“No, I’ll be your caseworker from now on again. I had to head back home to Tennessee to take care of some family things.”

“I hope everything turned out okay.”

“It didn’t, but that’s not your problem. My parents died in an auto accident. I had to take care of a lot of things.”

“I’m so sorry. I’m sure you have other resources, but if you need to talk, I’ve been in a similar situation. That’s how I lost my parents, too.”

“I do. But thank you for the offer.”

Once again, the visit went well, CPS had no issues with Brendan.

Saturday came and Skylar was happy to sit with the boys for Jill's exam. While not exactly displaying a professional perspective, he hoped whatever was found was sufficient to put her father away forever.

Brendan and Jill walked into the hospital fifteen minutes before the appointed time, at nine-forty-five. They were pointed to the exam room Dr. Backle had set up. She arrived on time and thanked them for coming. Brendan stayed in a waiting room while the doctor took Jill into the examining room.

"I don't want to scare you Jill, so I'll tell you there's very likely no long term affects in what I'll be looking at. I told your uncle to ensure he'd bring you. During your exam on Wednesday, I discovered scarring in a couple places that it's not normally found."

A little frightened, "Um. Okay."

"Your uncle told me what you said to the lawyer at your deposition. Was there anything you were too embarrassed to say in front of your uncle?"

"Where is the scarring?"

"Inside both your vagina and anus."

"Yes. I couldn't say that in front of him. I couldn't even tell the policewoman that first talked to me."

"Do you remember what happened?"

"Oh, I'll never fucking forget it."

"Okay. Was it your father?"

"It was both of them."

"Your mother and father?"

"Yes. The fucker used his cock in front, and she stuck, some kind of kitchen tool, into my behind. A long rod that you use to sharpen knives."

The doctor tried not to show her revulsion, but unfortunately failed.

"How long ago was this?"

"Two years, nine months and nineteen days."

She considered the timing, "That would be, what, New Year's Eve, two-thousand-twenty-one? You were twelve?"

"Exactly."

"Okay. If you would, please undress completely and put this gown on. I'll be back in a couple minutes."

"Okay."

The doctor went out to the waiting room, "Mr. Nelson?"

"Yes?"

"I can't believe I have to tell you this. Jill says she was raped and sodomized by both her parents, nearly three years ago."

"Oh, my God. Had she blocked it out?"

"No. She was just too embarrassed to say anything about it. I suppose she figured since I saw the proof, she had to share it now. I'll go complete the examination, but I felt you needed to know."

"Thanks. Wow, that is upsetting." Thoughts of murder crossed his mind once again. Not seriously enough to follow-up on them.

The doctor went back into the exam room and did a thorough exam, taking some internal photos of the scarring. She immediately sent those to Detective Taos along with what Jill told her. The detective called ADA Smart to give her the news. She passed it on to ADA Kaspar. Kaspar immediately sent it to Kathy's defense attorney, Lance Blackstone. Fortunately Blackstone was alone. His scream of "FUCK!" would have been heard by anyone within a thousand yards. Blackstone was not looking forward to Monday.

Monday

"Hear ye, hear ye, hear ye. All rise. District court for Hall County, Georgia is now in session, the Honorable Judge William C. Carpenter presiding. The case is the state of Georgia versus Katherine Taft."

"You may be seated... Mr. Kaspar, you've filed a motion to add a charge of sodomy. After reviewing the details, the motion is granted. Are you ready with your opening arguments?"

"I am, Your Honor."

"Please proceed."

"Ladies and gentlemen of the jury, sitting before you is a woman accused of some horrendous crimes. Most of the time, these crimes are bad enough. In Katherine Taft's case, she allegedly perpetrated these crimes against her own children. You've heard a summary of those crimes during jury selection, but I believe it is worthwhile to remind you.

"She has been charged with one count each of sodomy, aggravated child molestation, statutory rape, aggravated sexual assault, enticing a child for indecent purposes, three counts of cruelty to children and one count of unlawful imprisonment. Again, while bad enough, these crimes were allegedly committed against three children, ranging from the ages of seven through fifteen. You will hear testimony from the three children who were victims, a number of police personnel, three doctors, including one child psychologist, and their uncle, who initially contacted the police when he heard about the situation.

"The state will ask you to find the defendant guilty of every single one of these crimes, and request that you recommend the most severe sentence allowable under law, life without the possibility of parole. Thank you."

"Mr. Blackstone, are you ready?"

"I am, Your Honor."

"Proceed."

"Ladies and gentlemen of the jury, my client, Katherine Taft, is a victim of vengeful lies, spread about her by her brother, who by his own testimony, you will hear that he has no love for his sister. He has coerced her children to tell these lies so he would be able to take guardianship and potentially do his own version of harm to these children..."

"Objection, Your Honor. Defense has no right to smear the name or reputation of Mrs. Taft's brother. He has no idea, nor proof, that Mr. Nelson's intentions are anything but keeping the children safe."

"Sustained. The jury will disregard those accusations. Mr. Blackstone, you are warned. Do not make any additional baseless claims."

"Sorry, Your Honor."

Blackstone knew that no matter what the judge said, the jury can never 'un-hear' those types of comments. He planted the seed, mission accomplished.

"The defense will prove that regardless of his intentions, Mr. Nelson has coached the children into saying what they have against their mother. Every single accusation you hear, will turn out to be groundless. The prosecution has no evidence physically tying the accused to these accusations. They are counting on your sympathy toward the children to wrongly convict Katherine Taft of numerous crimes that she did not commit. Thank you."

"Call your first witness, Mr. Kaspar."

"The prosecution calls Mr. Brendan Nelson."

Brendan is sworn in and his direct testimony is nearly an exact duplicate of his deposition.

"Cross examine, Mr. Blackstone?"

"Yes, Your Honor. Mr. Nelson, you testified that the defendant 'stopped being your sister' ten years ago. Why exactly do you make that claim?"

"Our parents had passed away when I was fifteen years old. She was married with two children of her own at that time and she agreed to take me in. Five days after I moved in, she kicked me out of her house. I was fortunate enough to be able to then go live with my brother, Richard."

"Surely she had a valid reason for wanting to evict you. What was that reason?"

"She discovered I was gay, and she and her husband were afraid I would molest their children."

"And did that fear become realized?"

Obviously indignant, Brendan answered loudly, "No. It did not."

"You testified that you gave Nick a T-shirt to wear for bed. Is that because you planned on molesting him?"

"Objection. Your Honor, that was completely uncalled for."

"Sustained. Mr. Blackstone, one more accusation like that and I will hold you in contempt and fine you as much as I am allowed."

"Sorry, Your Honor. Perhaps this will help alleviate that contempt. I'd like to submit defense exhibit one as evidence. A copy of a letter written by Mr. Nelson to that brother outlining what Mr. Nelson feared what he might do to the children."

"Objection, Your Honor. Defense has no proof of the validity of this letter."

"I plan to provide that proof your honor."

"Overruled."

"Would you read the highlighted portion?"

Brendan took a look at the letter, "I didn't write this."

"Your Honor, please instruct the witness to comply."

"You will do as asked, Mr. Nelson."

"Fine, I'll read it, but I didn't write this trash. 'You have to come let me live with you, Rich. I don't know if I can control myself and not do things with little (female's name redacted) and (male's name redacted). Naked things.'"

"You're stating you didn't write that?"

"I am vehemently stating I did not write that."

"Your Honor, I'd like to admit into evidence an affidavit from a handwriting expert that proves Mr. Nelson did indeed write this letter, as defense exhibit two."

The judge paused for a moment, "Will you be calling this expert as a witness, Mr. Blackstone?"

"I will, Your Honor, when I present the defense's case."

"Very well, proceed."

"Nothing further."

"Redirect, Mr. Kaspar?"

"Yes, Your Honor. Mr. Nelson, can you prove you didn't write this?"

"I'm not sure. Aside from knowing this isn't my handwriting, I don't see how I can."

"Thank you. Nothing further."

Brendan looked at Kaspar, not believing he accepted the letter as truthful. He was unaware that Kaspar simply wanted to show the jury that Brendan wouldn’t fabricate some reason to prove it.

"Call your next witness."

"Prosecution calls Mr. Thomas Koch."

Koch is sworn in.

"Mr. Koch, what is your current occupation?"

"I'm an analyst for the FBI, operating out of the Atlanta field office."

"And what is your specialty?"

"Forensic handwriting analysis."

Picking up that same letter, "Have you seen this letter before?"

"I have."

"Do you concur with the defense's claim that Brendan Nelson wrote this letter?"

"I do not."

"Can you explain why not?"

"I have compared the printing and signature on this letter with Mr. Nelson's printing and signature on numerous legal documents. This signature, in fact the entire letter, was written by a right-handed person. The legal forms I reviewed clearly indicate that Mr. Nelson writes left-handed. There are other differences, but the handedness is a non-starter."

"What then, would you consider this letter?"

"The proper term would be a forgery."

"Nothing further."

"Cross examine, Mr. Blackstone?"

"Not at this time Your Honor, but I do reserve the right to recall Mr. Koch after my expert testifies."

"Very well. Next witness."

"Prosecution calls Doctor Beth Backle."

After Backle is sworn in, Kaspar asks, "Doctor Backle, what is your current occupation in the medical community?"

"I'm a pediatrician."

"In that role, have you examined the minor daughter of Mrs. Taft?"

"I have."

"What are your findings of that examination?"

"After examining the child in my office, I discovered vaginal and anal scarring."

"Did the child subsequently indicate to you who caused that anal scarring, and how?"

"Objection, Your Honor, hearsay."

"The minor child will be called to testify to what she told the doctor, Your Honor."

"I'll allow it. Answer the question please, doctor."

"Yes, she indicated her mother inserted a kitchen utensil, a long sharpening rod into her behind."

"Nothing further. I'd like to submit photographs of the scarring as state's exhibit one."

"So entered. Cross examine?"

"Yes. Doctor Backle, is there any proof that Mrs. Taft performed this act?"

"Other than the child's statement, no."

"Is it possible the child was confused, and someone else performed this deed?"

"She was quite confident in her accusation, even stating exactly how long ago to the day the incident occurred."

"But is it possible?"

"Yes, I suppose it's possible."

"Nothing further."

"Redirect?"

"No, Your Honor."

"Call your next witness."

"The prosecution calls Doctor Marianne Denton."

Doctor Denton is sworn in, "Doctor Denton, what is your occupation?"

"I am a child psychologist."

"In that role, did you have occasion to treat Mrs. Taft's minor daughter?"

"I did."

"And did you discuss her mother in the course of that treatment?"

"We did."

"What did she tell you about her mother?"

"She told me that her mother, and I will quote her exact words, 'rammed a rod from the kitchen into my behind, over and over.'"

"Thank you. Nothing further. Your witness."

"Doctor Denton, is it possible your patient was mistaken about who performed the act that scarred her?"

"No, I don't believe so."

"You don't believe so, but you can provide no proof, so it's possible, then?"

"We were specifically speaking about her mother at that time, and I detected no dishonesty. So, no. I do not believe it is possible she was mistaken."

"I will try once again. Do you have any proof, beyond your opinion, that the child wasn't mistaken?"

"No, there is no proof."

"Thank you. Nothing further."

“Redirect, Mr. Kaspar?”

“No, Your Honor.”

"Call your next witness."

"Your Honor, I request a short recess in order to set up the next witness, the minor female child, in camera, for her testimony, my colleague, Miss Smart will handle her questioning."

"Agreed. We will recess for fifteen minutes to clear the court and prepare the equipment."

Jill and Stephanie Lawson were waiting in an antechamber. The video camera was connected to a closed circuit TV in the courtroom. A camera in the courtroom provided Jill a view of that. Jill would not have to directly face her mother, nor would anyone other than the judge, attorneys, defendant, jury, and the caseworker hear her testimony. As was the case with Brendan, her direct testimony was nearly the same as her deposition, along with her perspective on the additional statements she made to the two doctors.

“Cross examine Mr. Blackstone?”

“Thank you, Your Honor. Miss Taft, how can you be so sure it was your mother behind you when this alleged attack occurred?”

“Because I was there.”

That elicited a few giggles from the jury.

“Yes, of course you were there, but wasn’t she behind you?”

“No, she wasn’t.”

*************************************************************************************************************
**************** This could be upsetting to some people. Jump to the next set of asterisks to avoid reading ****************
*************************************************************************************************************

“But it has been testified that the rod was used on your behind. How do you explain her not being behind you?”

Jill addressed the judge, “Do I have to, Your Honor?”

“Yes, as difficult as it may be, please answer.”

Jill took a few deep breaths, “I was lying on my back, my father was on top of me, and she stood by my right side after she inserted the rod, watching my father, um, having sex with me. She said she wanted to see my, um, sorry about the term, my cunt blood.”

Most of the jury gasped. Blackstone looked like he wanted to disappear, “Nothing further.”

“Redirect, Miss Smart?”

“Yes, Your Honor, just a few more questions, Miss Taft. You mentioned blood. Can you tell us why there was an expectation of seeing blood?"

"I was a virgin at the time."

"Was there anybody else present when this was occurring?”

Jill was struggling to hold back tears, “Yes.”

“Who else was present?”

“My Aunt Eve, who is my dad's sister, and my brother Steven.”

An ‘Oh my God’ was heard from the jury box.

The Judge rapped his gavel, “The members of the jury must refrain from commenting. I’m sorry, continue, Miss Smart.”

“Final question, Miss Taft. Did either of those two persons take part in any way?”

“As far as I could tell, my brother sat through the whole thing with his eyes closed and his head between his knees. My Aunt urinated on my face while my father held my mouth open.”

***************************************************
************* Continue here if you skipped *************
***************************************************

Jill stammered through the last of that, but it was obvious what she said.

“Nothing further. I request another recess to allow Miss Taft to rejoin her uncle.”

“Agreed. Court will recess ninety minutes for lunch.”

Jill was nearly hysterical when she rejoined Brendan, who was livid, “What the hell happened?”

Jill forcefully shook her head, indicating Stef shouldn’t say anything.

“I won’t say anything specific, sweetheart. Details about how the scarring occurred came out, Brendan. I think you should take her home.”

However, Stef did share the details with Brendan later, outside of Jill's presence. She felt he needed to know.

“I’ll do that. Do you know who else will be called this afternoon?”

Kaspar happened to be walking in their direction.

“There’s Mr. Kaspar.”

“God, Martin, what did Blackstone do to her?”

“Honestly, he helped her hang her mother. But Jenny got her to say the worst.”

Brendan asked, “What’s the plan for this afternoon?”

Kaspar’s phone rang, he looked at it, raised one finger, and answered it, “Hello boss... What? ... When? ... Yeah, we’re on a lunch break. I’ll go find the judge.”

Brendan, Stef, and Jill, all looked him.

“Big change in the case. I doubt there will be any testimony this afternoon. You know that hole in the back yard?”

They said they did.

“They just dug up human remains.”

Next Up - “The Noose Tightens”