The Lifeguard

By Orrin Rush (Of Blessed Memory)

Published on May 16, 2001

Gay

Disclaimer: The following is a work of fiction. If you are

offended by graphic descriptions of homosexual acts, go

somewhere else.

Copyright c 2001 by Orrin C. Rush. All rights reserved.

Neither this story nor any parts of it may be distributed

electronically or in any other manner without the express,

written consent of the author.

This is a work of fiction, any resemblance of the characters

to anyone living or dead is pure coincidence and not

intended. They are all products of the author's imagination.


THE LIFEGUARD

Chapter 45

Even though we wanted to be there for the trial, Dr. Naimann

advised us to stay away. There was still a bench warrant

outstanding for us that the crusty old judge had issued. No

point in taking any chances, he'd advised. If we were

recognized and arrested, there would be a media frenzy.

Instead, we sent Jack, our own legal eagle, with instructions

to call us with a play-by-play at every opportunity.

The trial was scheduled to start at 9:00 AM eastern time,

6:00 our time, so we went in to the office early.

Jack's first call came an hour after the trial was scheduled

to begin. "It's a fucking circus," he said, laughing.

"First off, the judge had to deal with the media. They

wanted to put cameras in the courtroom, the judge didn't want

them, and the defense wanted them to stay. Naimann stayed

out of it.

"They've got all the big guns here, even the state's attorney

general himself. The defense table is a mob scene.

"Anyway, the attorney general argued with the judge over the

media, acting like a pompous ass and pissing off the Judge.

"The judge got his way, not surprisingly. The cameras got

tossed, but the reporters got to stay.

"That settled, the AG made a motion for dismissal of the case

on 'frivolous' grounds. The judge denied that, and I thought

that things might actually get underway. Wrong. The

county's attorney who screwed up their case in the first

place, commented loud enough for everybody in the courtroom

to hear that 'this is a goddam joke'.

"The judge wasn't happy, to put it mildly, and gave him an

ass chewing that makes me wince even to think about it.

We're on recess while everybody calms down. Naimann, by the

way, hasn't said anything yet. He's letting them bury

themselves."

"Damn, I wish we could be there," I said. "What's next?"

"Opening arguments," Jack said. "That'll no doubt be

interesting too. Since we all agreed to the case being heard

by just the judge, we don't have to go through jury

selection."

"Keep us informed," I requested.

Jack's next report came a couple of hours later. "We're on

the noon recess," he told us. "Things are moving along, but

at a snail's pace.

"Naimann's opening took less than ten minutes. He said that

he'd prove that the statute that the county enacted was

arbitrary and capricious, for the sole purpose of taking

advantage of whoever Micron's successors would be, and from

the start they looked at it as an opportunity to collect

outrageous penalties from you.

"Then he promised to prove that the county had enforced the

law only one time, maliciously and in a discriminatory

manner.

"His final comment was that he'd prove that the judge had

abused his authority in ordering Annie arrested and jailed

with total disregard of the fact that no law existed to give

him or anyone else the power to do so. What he did was a

wanton act of malice with the intent to cause harm and

deprive Annie of her freedom."

"Think he can do it?" Eric asked.

"I've helped with the preparation of this case," Jack

answered. "I KNOW we can prove everything."

"In their opening statement, the state took an entirely

different approach. Their 'show' was put on by a lawyer from

the AG's office. They claim that the county had every right

to pass the law, and that they are immune from our claims for

damages. The judge really smiled at that one!

"The state went on to say that you 'out-of-state big shots'

were attempting to take advantage of a poor little county who

had merely asserted its rights. They tried to make you the

villain, that you're attempting to gouge a bunch of innocent,

naive people.

"I'm giving you a summary of what they said, it took them

over an hour and a half to say it. They haven't got a

defense, they blew that opportunity, and now they're grasping

at straws.

"Naimann's going to start presenting his case as soon as we

go back. I'm really anxious to see him in action."

Jack promised to call again when they adjourned for the day.

"I'd almost be willing to take a chance..." Eric said. "This

is too good to miss."

"It's not worth the risk," I told him. "Unless..."

It turned into one of those days where nothing whatsoever got

accomplished. All our attention was focused on what was

going on in New Hampshire. Other matters would just have to

wait. While we were sitting around, I got up and went out to

talk to Nancy.

When Jack called again, he sounded exasperated. "This isn't

going to be over as fast as I thought," he said. "Naimann's

trying to present his case, but the assholes on the other

side are making a mockery of the whole thing.

"Everytime Naimann opens his mouth, they object, and when a

witness attempts to answer a question, they object. It's

confusing everybody to the point where nothing's getting

accomplished, and really, no evidence has been presented

yet. I can see the judge's point. He wants a fair trial,

knowing full well that whatever the outcome, it's going to be

appealed and he doesn't want his decision to be overturned on

technicalities.

"But, the way things are going, the judge is losing control

over the situation, and I can tell he's not happy about that,

at all! He's in chambers right now with Naimann and the

attorney general. I'm sure he's giving somebody hell, and I

don't think it's Naimann."

"What do you think he'll do?" I asked.

"There's such a mob of attorneys representing the state and

county, and it looks like they aren't organized at all. Half

of them jump up to object to everything, and nobody seems to

be in charge. My guess is that the judge will order them to

appoint a couple of them as 'Lead Counsel' to try the case,

the rest to remain silent, if he even allows them to stay at

the counsel's table. He could also set up a 'blanket'

objection procedure where they could object to the witness

and the witness's testimony, then the judge would decide,

after the witness was heard, whether the evidence would stay

or be thrown out in its entirety. Something like that is

going to have to happen or this thing will take six months."

"How's Naimann doing?" Eric asked.

"He's keeping his cool," Jack answered. "He's got a case and

knows it. The state doesn't and they know that too, but their

disruptive tactics are only going to work for a short time.

The judge is a tough old bird, and he's not going to let this

circus continue. Tomorrow will be different, I almost

guarantee it. Naimann's going to call me later, and I'll let

you know what the judge decided."

"Is the courtroom full?" I asked Jack.

"Overflowing," he said. "The judge's office will be passing

out spectator passes in a little while. Why do you ask?"

"Can you get a few extra passes?" I asked.

"Oh shit, you guys aren't going to try to come here are you?"

"We might," I said, glancing at Eric who was grinning from

ear to ear. "We're not getting anything done here, and this

is just too good to miss."

"You're crazy," he said, chuckling, "but I always knew that!

If they catch you, we can't help you out. Are you ready to

spend ten days in the pokey?"

"Personally, I don't think they'd dare, even if they did

catch us. They're already in enough hot water. Let us know

if you can get passes, and we'll give you all the details

later. Oh yes, how are the spectators dressed?"

"Mostly casual, pretty drab, but a few suits," Jack said.

"Tomorrow might be different, though. The AG will try to

'pack the house', so I'd say there'll be more suits."

Eric was grinning when we hung up. He came over and put his

arms around me. "I'm willing to take the chance if you are,"

he said. "What devious plan have you come up with?"

"It's being arranged," I told him. "Nancy and Ron have been

working on it for several hours. Let's go see what they've

come up with."

Nancy loved working on things like this, and was one of the

most resourceful people I knew. "Are you going to go?" she

asked, her eyes twinkling.

"Why not?" I answered. "The worst that could happen is that

we'd spend a few days in jail, but I don't think anybody'll

be looking for us."

"Here's what I have," she said. "I have a makeup artist

ready to go, and Ron has the new plane all ready to go.

You'll fly to Lawrence, Massachusetts, which is about 30

miles from where the trial is going on. Ron has two cars

waiting there, and we have hotel reservations in Lawrence,

nothing flashy, the Holiday Inn, I think. Ron and Jason want

to drive you, separately, and be there if you need to leave

in a hurry. That's about it."

"Ask the makeup artist to meet us at the airport in an hour,

and to bring everything necessary, including hair stuff.

We'll run home and get clothes, then meet them all there."

"I'll take care of everything," she said. "Have fun, and

stay out of trouble if you can."

We put the private phone line in my office on call forwarding

to Eric's cell phone so we'd be able to stay in touch with

Jack then headed home to pack.

"I was hoping you'd cave in," Eric laughed on the way.

"This is too good to miss. It's risky, sure, but we'll try

to blend into the crowd."

We packed far more than we'd probably need, taking casual

clothes as well as several of our oldest suits. Nothing

flashy, the idea was to be as unobtrusive as possible.

The makeup artist, Laura, was a lady that I'd guess to be in

her forties, toting several suitcases. She was pleasant and

seemed to have a good sense of humor.

We waited until we were at cruising altitude before telling

her what we wanted her to do for us, make us look as

"average" and unrecognizable as possible, but not to look

"made up".

"You're not going to require much," she said to me. "I've

seen your old picture in the paper. You look a lot different

now, and with a few touches, I can make you look even more

different."

"I want to look natural," I told her.

"We can do that," she said. "Now Eric's another matter.

I've seen his pictures too. The blond hair stands out, but

we can fix that with a temporary color job. That alone will

change his appearance considerably. Maybe trim his hair a

little and style it differently. I'm pretty sure I can make

you both look good, but different."

"At least we're not going to try drag," Eric laughed.

"You'd never make it, honey," she laughed. "You're just too

much 'man' to pull it off."

Ron came back from the cockpit to fill us in on logistical

details. We'd be getting in around midnight. He and Jason

would pick up rentals at the terminal just like anybody else,

then come get us at the plane. Our hotel reservations were

in their names, three rooms. In the morning, after our

makeup sessions, they would drive us, separately, to the

Federal Courthouse. We'd work out the timing after Jack

called.

If Jack had been able to get four passes, they would be in

the courtroom with us, but none of us would sit together.

The bar was stocked, and dinner for everybody was in the

galley.

Eric played bartender and we settled down with Laura to talk.

"Is this about the trial?" she asked. "I've been following

it on TV."

"Yes," Eric laughed. "There's a warrant out for our arrest

in New Hampshire, that's why we want to go incognito."

"You mean I'm aiding and abetting..." she laughed.

"We're publicity shy, too," I added, "but we don't want to

miss the circus that's going on. We feel it's worth the

risk."

"I'll make sure you're not recognizable," she said. "I'd

love to be in that courtroom, myself. I could create a

diversion if anybody did spot you guys."

She was really getting into this whole adventure. "We'll see

how many passes we can get. One of our lawyers is working on

it."

"Where are you? You sound different," Jack asked when he

called.

"We're over Colorado, I think," I told him.

"You're going to do it?" he asked incredulously.

"We're on our way," I told him, then filled him in on the

details. He had four passes, so we were set.

"I've already told Naimann that you might be coming," Jack

said. "He thinks you're both nuts, but isn't surprised. He

won't show any recognition when he sees you, and neither will

Jim, who's going to be a witness. We'll get together

tomorrow night, but in Massachusetts." He'd also try to get

an extra pass for the following day.

He suggested that we arrive at the courthouse about twenty

minutes before court convened. He'd give the passes to Ron

or Jason and they could slip them to us.

We arrived in Lawrence a little earlier than expected, and as

soon as we reached the motel, Laura wanted to go to work on

Eric's hair.

She had us come into her room to do it. I sat and watched as

she bent him over the sink to first shampoo him then put on

the coloring. It looked awfully dark to me at first, but

Laura assured me that it would dry much lighter.

"Damn," I said in mock horror, "and here I thought I married

a blonde!"

Laura laughed louder than Eric, who seemed unsure of the

whole thing. "I thought you two were a 'couple', but I

wasn't sure."

After she blow-dried him, she worked on the styling. "I'll

use some gel in the morning," she said. "I'm going for the

conservative rather than the tousled look."

He looked great, but he didn't look like Eric.

"It's like sleeping with a stranger," I kidded him as we

crawled into bed.

"This feel familiar?" he chuckled as he humped my leg with

his hard dick.

"Ooooooh yes!" I told him, and went to work on it.


We dressed carefully. All bland colors, nothing that would

draw attention. Laura styled Eric's hair, then worked on

mine. My temples were "grayed" and she put gray streaks

through the rest. It looked natural, but it made me look at

least 10 years older.

We all had breakfast together in the coffee shop. Ron gave

Laura some expense money, and we were off. I rode with him,

and Eric went with Jason.

We got our passes and tried to lose ourselves in the crowd

waiting to go in. When they opened the doors, we scattered.

It was a good sized courtroom with room for over a hundred

spectators, and I didn't think any of us stood out.

Dr. Naimann was at one of the counsel tables with two

assistants. There were eight men sitting at the opposing

side's table, still a mob scene. I recognized the judge

who'd sent Annie to the pokey among them.

When the judge came in, he announced that the state and

county had appointed the attorney general and the county's

attorney as lead counsel.

Naimann recalled his witness, an Anna Font.

One of the guys from the other side objected. The judge said

that the objection was noted and would be ruled upon after

the witness completed her testimony, just like Jack had

predicted.

Dr. Naimann established that Ms. Font had been present in the

county council chambers when the statute in question had

first been proposed.

"Who proposed this?" he asked her.

"Kathy McGuire," she answered, "but it wasn't like a

proposal, it was more informal. She just brought up the

subject, saying that Micron had sold out and that the new

owners planned to move the plant to California, and that if

they played their cards right, the county could make a

killing."

"What were her exact words, if you remember?"

"I know she said that they could 'stick it to' the new owners

legally," she said.

"Did she say that they could 'make a killing" in those exact

words?"

"Yes. Then she outlined how they could do it."

"How was that?"

"She said that they could pass a law that called for some

kind of 'moving' fee, and since the new owners probably

wouldn't find out about it, they could tack on a big penalty

too."

"Did any of the other council members object to this idea?"

"No, they all wanted to know more."

"What happened next?" Naimann asked.

"It was a kind of informal discussion, and they came up with

a five percent fee and a ten percent penalty, then they took

a vote."

"Did the vote pass?"

"Every one of them voted for it."

"Was there ever any mention of enforcing this law against

anybody else who moved equipment around?"

"That never came up."

"That's all I have," Naimann told the Judge.

"Mr. Attorney General?" the judge asked.

"Yes, I have a few questions," the attorney general answered.

Where Naimann had been friendly and conversational with the

witness, the AG was condescending. He attacked her

credibility, her memory, and anything else he could think

of but good old Anna wouldn't budge, throwing in a few

comments that didn't help their case at all.

When he finally gave up, the judge dismissed her and

announced that the AG's earlier objection was overruled and

the testimony would stand. The look on the AG's face was

total disbelief.

Naimann put on another witness, a farmer looking type, who

corroborated Anna's testimony almost word for word.

The attorney general had objected when the witness was

called, but didn't ask any questions on cross examination.

The judge again overruled his earlier objection.

Naimann called witnesses to subsequent meetings of the County

Council when the statute had been officially adopted, heard,

advertised, and finally passed into law. The theme that was

dominant in this testimony was the greed of the council.

They saw an opportunity to fill their coffers and were

hellbent to take advantage of the situation. At no time was

there any mention of enforcing the law against anybody else,

in fact it had been stated repeatedly that the new owners

were the only target.

Jim, our attorney, was the last to testify that day. He told

the court that on occasion, he was called on by the council

for help in legal matters. He hadn't been called on

officially in this matter, but had volunteered an opinion to

them anyway.

He detailed how he had warned them that what they were doing

was illegal under existing federal and state laws, and that

they were asking for trouble. Their response to his warning

was that they were immune from prosecution, and that they

just might get away with it.

On cross examination, the attorney general was merciless,

calling Jim a "traitor to his own community" and attempted to

shame him into changing his story. Jim held steadfast

against this assault, and calmly put the AG in his place.

The AG eventually gave up, his face bright red with anger.

The judge recessed for the day after ruling that Jim's

testimony would stand.

We got out of the courtroom and back to Lawrence without

incident.


Jack brought Jim along when they joined us for dinner.

We talked about what had happened in court that day, with

everyone agreeing that Naimann was doing a masterful job of

presenting our case.

Jim wasn't in the best of spirits, and when I asked why, he

explained that his name was "mud" in that part of the country.

"We've got a place for you if you ever decide to move," Jack

told him. "Dave pays pretty good, too."

"I'll keep that in mind," Jim said, brightening.

Jack proceeded to give Eric and me hell for taking the risks

that we were, but Jim thought we were relatively safe.

"They're so busy trying to save their asses that they won't

be looking for you. That's a local thing, and they'd look

even worse if they tried anything."

"You really don't look like yourselves," Jack commented.

"I'd have trouble recognizing Eric with that hairdo, and you

look so much older, Dave."


The next morning, the AG wanted to argue about the objection

procedures the Judge had established. He made a few snide

remarks about bias on the Judge's part which didn't go over

well. The Judge took him and Dr. Naiman to his chambers, and

from the look on the AG's face when they came out, he'd

gotten a thorough ass chewing.

Having established that the County Council had targeted us,

Dr. Naimann went to work on proving that the law had not been

enforced against anyone else.

His next witness was a technician from the Gibson Milking

Machine Company.

Naimann established that the guy worked for Gibson in the

capacity of a service person, adjusting and re-installing

milking machine equipment when it was moved.

He had been called to perform that type of job after a large

installation owned by Mr. Sprague, one of the members of the

County Council, had been moved to a new milking barn.

"Did you perform the original installation?" Naimann asked.

"Yes, that was about four years ago," he answered.

"How far is the new barn from the original site?"

"I'd guess it's about four miles. It's on another farm that

Mr. Sprague owns."

"When did this move take place?"

"About a month ago," he answered.

"Are you aware that there's a county ordinance that requires

a fee to be paid if equipment is moved more than 18 inches?"

"Sure, everybody around here knows about it."

"Did you ever discuss this 'moving fee' with Mr. Sprague?"

"Sure did. We joked about it. Mr. Sprague told me that the

law only applied to outsiders, not him."

"No further questions," Naimann said.

The AG tried to show that the conversation in question had

been misinterpreted, but the technician held fast, adding

even more damning details of what had been said.

Next, Naimann called Kathy McGuire, the one who had started

the whole thing. She was definitely a hostile witness.

"What is your occupation?" he asked.

"I'm a seamstress, and I'm a member of the County Council,"

she replied.

"As a seamstress, you work from your home, am I correct?"

"Yes."

At about this time, the AG lost it. He objected to the line

of questioning as irrelevant to the matter at hand. There

was a moment's silence while the judge glared at him, then

calmly said, "Shut up, you idiot, you know the rules."

The AG, certainly not accustomed to being talked to in that

way, puffed up like he was going to explode, then, evidently

thinking better of it, sat down and simmered.

Naimann continued. "Did you recently build an addition to

your home?"

"Yes," Kathy answered.

"Isn't that new room you added where you conduct your sewing

business?"

"Yes," she answered, looking baffled.

"Are your sewing machines located there?"

"Yes."

"Then, you moved them there from another part of your house?"

"Yes, I used to work in my spare bedroom."

"Was the county statute on moving equipment in effect when

you made this move?"

"I'm not sure," she answered.

"I can bring in the contractor who built your addition if you

like..." Naimann told her.

"Yes, the statute was in effect," she said, getting mad now

that she could see where this was leading.

"Did you pay the county the required fee when you moved your

equipment?"

"No," she said.

"Your witness," Naimann told the AG.

The AG didn't bother with cross examination.

Naimann put on a parade of witnesses who had all laughed at

the law. The AG didn't cross examine any of them.

"Pretty dull today, huh," Eric said that evening.

"Dr. Naimann's covering all the bases," Jack commented. "He

wants to prove malice beyond a doubt."

"He did that today," I added.

"About all that's left is the false imprisonment issue.

He'll start that in the morning. I believe he's going to

call the judge. That should be interesting!"

"What do you think the state'll do when it's their turn?"

Eric asked.

"I'm not sure that they can do anything," Jack answered.

"After what they've done, their hands are tied when it comes

to putting on a defense."

"Out of curiosity, what kind of defense could they use if

they hadn't refused to play fair?" I asked.

"They could've admitted their mistake and given you your

money back and that would have been the end of it," Jim

answered with Jack nodding. "Now, they've put themselves in

a corner and if they admit anything, it would be suicidal."

"Maybe offer Annie a little settlement too, but that would be

optional. Jim's right. If they'd just backed off and been

reasonable, they'd still have their immunity," Jack said.

"At the state level, I think the only ones who recognize the

possibility of your winning - and collecting - is the

attorney general's office. Everyone else thinks it's a big

joke that'll go away," Jim added. "The governor should've

stepped in a long time ago."


Jack was able to get an extra pass so we took Laura along.

She rode up with Ron and me and was really excited about it.

For his first witness, Naimann called Jack. He established

that Jack had been in the courtroom when the judge had

arbitrarly handed out jail sentences to the officers of

Lundborg Rush, ending in Annie's arrest and incarceration.

One of Joel's big screen monitors was wheeled in, hooked up

to a VCR, and a tape was played of the judge's entire

performance. The tape covered the judge's collection of the

fee and fine, and continued through the judge's "Personal

Responsibility" pronouncement, Jack's arrest for using a cell

phone in court, and the issuing of warrants for arrest of

LR's officers.

"Is that a true representation of what happened?" he asked

Jack.

"Yes, that's what happened."

Naimann handed Jack over to the Attorney General.

The AG rose with a wicked look on his face, thought better of

it and sat down. "No questions, Your Honor," he said.

Naimann then called the old judge to the stand.

"Was that an accurate account of the proceedings in your

court," he asked.

"Yes," the Judge said with a smug grin on his face.

Naimann continued asking questions, and the old judge smugly

answered yes or no to every one. After a while, though, the

questions started getting to him, he was getting mad.

"May I ask what law you based your decision on to call for

the arrest of the principals of Lundborg Rush?"

"They had it comin' to them," the Judge answered angrily.

"But you had no basis in law?" Naimann asked him.

"Don't need any," the judge shot back. "They deserved to

spend some time, but the big fish were too slick. They got

away."

"Then this was a 'spur of the moment' call on your part?"

Naimann goaded him.

"No, I thought about it, and it had to be done. Those pig

fuckers needed to be taught a lesson," the Judge roared.

There was silence in the courtroom as the judge's statement

sank in.

"No more questions," Naimann said softly to the Court.

"I don't have any either," the attorney general announced,

anxious to get on to something that might not be so

devastating to his case.

Naimann called the chairman of the County Council.

"Your attorney has stated, on the record, that you don't have

the funds you collected from Lundborg Rush. May I ask what

happened to them?" Naimann said.

"We've spent most of them," he answered.

"What did you spend them on?" Naimann asked.

"We bought all the school bands new uniforms and paid for

their trip to the state marching band competition," he said,

smiling.

"That hardly accounts for eighteen million dollars," Naimann

commented. "What did you do with the rest?"

"We undertook a 'beautification' program for the whole

county." The guy really warmed up to this subject. "Every

road in the county now has trees planted along them, and we

landscaped all the unincorporated areas. The town of

Bedfield isn't incorporated and has lots of history, so we

refurbished every structure in the town."

"Are those privately owned buildings?" Naimann asked.

"Except for the Courthouse, they all are. Even got my own

house spruced up. It's worth twice what it used to be."

"Then you personally profited from this project?" Naimann

asked.

"Not really. Not unless I sell the house."

"How much did this restoration project cost?"

"We spent just over $12 million on it," he answered.

"How many houses are there in Bedfield?"

"About 800, I'd guess."

Naimann thought a minute. "That works out to about $15,000

per home, doesn't it?"

"That's about right. Some more, some less."

Naimann was finished with him, and the AG passed on any

questions.

Naimann called Annie next. This was a total surprise to me.

Nobody had mentioned that she was going to be a witness.

When she was seated in the witness box, she surveyed the

crowd. She spotted me, and did her best not to start

laughing, then looked around to find Eric.

Naimann carefully led her through the events of her arrest

and incarceration. Then he asked about her relationship to

Lundborg Rush.

"I'm a stockholder," she said. "California law requires that

there be three officers, and I was arbitrarily made one of

them. I have no involvement in the business, and, quite

frankly, know very little about it."

"Why were you in New Hampshire?" Naimann asked.

"I'd heard about the problems Dad was having, so, when there

was a plane scheduled to come here, my sister and I came

along to give him moral support."

"Do you conisder yourself a criminal?" he asked.

"Definitely not! I was just a bystander."

"What happened after you served the ten day sentence?"

"I thought I was OK," she said, "but I wasn't. I spent three

months in intensive therapy, and even now I'm afraid of

enclosed spaces. I still see my therapist occasionally for

that."

Naimann was finished and turned her over to the AG.

He thought he'd have a field day with her. He didn't know

Annie. He tried to twist everything she'd said, but she

wasn't having any. When he asked if the sheriffs had been

'nice' to her, she kicked him in the groin.

"If you call being dragged in front of TV cameras in

handcuffs 'nice', I guess so," she said soberly.

Naimann excused her and rested his case. Court was adjourned

for the day.


Jack brought Annie with him to Lawrence that evening. She

kidded us unmercifully about our disguises. She told me that

I looked "extinguished" with the gray hair and that Eric

looked "cute" as a brunette.

"I really wasn't surprised to see you two," she said. "I

know that you just disappear all the time, and this time it

was logical that you'd be here. Having fun?"

"It's not as exciting as I expected," Eric told her. "No

real fireworks yet, but tomorrow could be a little more

exciting."

"How'd I do on the stand?" she asked.

"You may get a little money out of this," I told her, "maybe

even a lot."

"I don't want the money, I just want to see those bastards

squirm," she said. "If I DO end up with anything, I'm going

to give it away anyway. Is it OK if I stick around for the

rest of this circus? I promise not to 'out' you guys at the

courthouse."

"Sure," I told her. "It might be interesting."

We all went out to dinner together. Ron and Jason were used

to Annie's bombastic personality, but Laura was wide eyed.

"I wish this thing would hurry up and get over," Eric said to

me in bed that night. "It just isn't fair that you sit way

over there and we can't talk or anything all day."

"Do you want to forget the rest of it and go home?" I asked.

"No, let's stick it out. Should only be another day or two.

I don't know what the state's going to do, and I'm curious to

see what they try."

We snuggled, which led to more, a whole lot more!


The first witness called by the defense was the chairman of

the County Council. After he was sworn in, Naimann objected.

"This witness refused to cooperate with us during pretrial

discovery, your Honor, so, under your earlier ruling, he

should not be allowed to testify," Naimann said.

"Sustained," the judge intoned. "The witness is excused."

"But I only wanted to show that proper procedure had been

followed in enacting the local statute," the attorney general

whined.

"You made your bed," the judge said seriously, "Now, I'm

afraid you're going to have to sleep in it."

The AG attempted to call a whole list of other locals who had

been involved with the incident. All were excused before

testifying because they had refused to talk to Naimann's

people or had refused to give depositions.

Giving up on that, the AG started calling "experts".

The first was an auditor who testified that the county just

didn't have the money to put into the court's registry until

the case was settled. On cross examination, Naimann pointed

out that the state was also named in the suit, and that they,

no doubt, could come up with the funds. The witness claimed

that he didn't know anything about the state's financial

condition. This, however, showed that both the state AND the

county were thumbing their noses at the court.

Another testified that the law had been properly enacted

according to normal legal procedures.

Still another pointed out that there were no other violators

of similar size and impact on whom to enforce the law, and

used the analogy "Cops see and fail to pursue speeders every

single day. That doesn't make speeding legal."

One "expert" testified that the county had an interest in

protecting its tax revenues and employment base, and that the

County had acted to protect its legal interests. To this

Naimann asked how many of the former Micron workers were

unemployed. He couldn't answer, so Naimann told him that

none of them were collecting unemployment insurance. They

had either found other jobs or had decided not to look for

work.

I noticed that the judge seemed bored with this line of

defense. The AG was attempting to address the issues but

wasn't offering anything substantial.

The AG's final two witnesses testified that the law may be

flawed but was legal, and its passing was not malicious or

improper. They said that selective enforcement was

acceptable and that the judge's small criminal sanction on

Annie was within the court's judicial discretion.

The defense rested, and it was time for final arguments.

As usual, Naimann was brief and to-the-point. He outlined

the points he had made and refuted the defense's notion that

they'd done nothing wrong.

The attorney general finally decided to treat the judge with

the respect he deserved, and wasn't condescending for a

change. He turned on the charm and worked the emotional

angle...for hours.

He admitted that the law may be flawed, but that the county's

intentions had been honorable. Then he launched into a

diatribe on how we, the heartless "corporate slime", were

taking advantage of a poor little community for their attempt

to protect themselves. We were the dirty guys, and he even

made a personal attack on Naimann, the "constitutional scholar

who deigned to come down from his ivory tower to try this

case because of the fat fee he might receive."

Finally, he rested.

"Enactment of the law may have been legal and proper,"

Naimann argued in his summation, "but when the content and

intent of that law was to single out and penalize my clients

it becomes illegal in that it restrains interstate trade and

commerce protected under federal statutes.

"Greed is not illegal, but when a governmental body satisfies

their greed by enacting a law to collect great sums of money

from a targeted victim under the guise of 'protecting its tax

revenues', that is neither fair nor legal."

That was it. The case was now in the judge's hands. I had

no idea when we could expect a verdict, and was totally

surprised when the judge spoke up.

"In my career as a judge, I have never seen a case that was so

totally botched by the defense.

"The only way I can describe their action and mostly inaction

is criminal stupid.

"Municipal and state Governments have immunity available to

inception, the government bodies involved have arrogantly

ignored the rules and have thrown away these legitimate

arguments. Consequently, they must pay for their actions.

"A local law was enacted that was in and of itself

discriminatory and clearly targeted the plaintiffs only. No

effort whatsoever was made to enforce this law against anyone

else.

"I find this one enforcement of the law to be malicious

prosecution. The subsequent actions by municipal authorities

were a clear abuse of power.

"The arrest and jailing of Miss Rush is intolerable. Judicial

power was abused with the intent of making someone personally

'pay' for violating a civil ordinance. The punishment did

not fit the crime and never should have been imposed.

"The other arrest warrants issued from the bench for officers

of Lundborg Rush are hereby voided.

"I am awarding the plaintiffs the actual damages they sought -

$18 million plus interest.

"The plaintiffs have asked for punitive damages in the amount

of five billion dollars as well as exemplary damages in the

same amount. Those amounts are awarded."

A loud gasp could be heard in the courtroom.

"In the matter of wrongful arrest and imprisonment of Miss

Rush, damages in the amount of two hundred million dollars

are also awarded."

With a big smile, he announced "Court is adjourned."


To be continued.

AUTHOR'S NOTE: I appreciate hearing your comments on the

story, my writing, and anything you would like to offer -

good or not so good. Send me a message at

orrinrush@yahoo.com and also let me know if you would like to

be included on my "alert" mailing list for new postings.

Any plot or story suggestions you would care to make would

also be appreciated.

Next: Chapter 46


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