The Activist

  Dr. Kohl walked in and said, “Well, well, I guess Judge says he’s not ready to go.”

  “Look at him!” Theo said. “He’s wide awake.”

  “I see.” Dr. Kohl gently removed a tube and gently touched the swollen places. Judge was coming to life, whimpering and trying to wiggle around. The splint on his right front leg bothered him, and he couldn’t figure out why it was there. When Dr. Kohl touched it, Judge squealed and jerked away. “He’ll need a painkiller.”

  “I bet he’s starving,” Theo said, unable to contain his excitement.

  “No doubt, but let’s get him some water first.” Dr. Kohl slowly lifted Judge and held him as he tried to stand on the table. Theo grabbed a small metal bowl, ran some water in it, and offered it to Judge, who slurped it down as if he’d never seen water before. As he drank and made a mess, and while Dr. Kohl was still helping him stand, Theo stuck his head out the door and yelled, “Judge is awake!”

  Within seconds the exam room was packed as the four Boones, Dr. Kohl, Captain Mulloy, and two vet technicians gathered around to watch Judge attack the water. Dr. Kohl finally released him, and there he was—Judge Boone, alive and standing alone on three good legs and one broken one. His head was swollen and shaved and he looked as though he’d been run over by a truck, but he was happy and grinning and wondering why all those humans were crying.

  The Judge was back.

  Chapter 17

  Animal Court. In the basement of the old, majestic, and imposing Stratten County Courthouse, there was a dusty hallway with several neglected rooms off it. On the door of the largest of these rooms was a sign that said simply: animal court. Inside, the room was filled with the county’s leftovers—old folding chairs that were mismatched; an old battered table that the judge used as a bench; old semiretired bailiffs who drifted in from time to time; and an old grouchy clerk who was hard of hearing and despised her job. Much finer courtrooms existed on the floors above the basement, and Theo had spent time in all of them. His favorite was the main courtroom, where Judge Henry Gantry presided. He loved Animal Court, too, because you didn’t have to be a lawyer to argue your case. At the age of thirteen, Theo already had several impressive wins before Judge Yeck.

  The dingy courtroom and its contents may have been old, but Judge Yeck certainly was not. He was about forty, with long hair and a beard, and he preferred blue jeans and combat boots to black robes and bow ties. He was hip and cool and Theo liked him a lot. It was only a part-time job— Judge Yeck was allowed to play judge four afternoons each week because no other lawyer in town wanted to. Animal Court was so low on the ladder no other lawyer wanted to get near it.

  Theo stopped by all the time. Animal Court was open for business from 4:00 p.m. to 6:00 p.m. Tuesday through Friday, and the docket usually included an interesting case or two. Sometimes, though, business was slow, and on those occasions, Theo would pull up a chair and chat with Judge Yeck about the law, law school, other lawyers, the legal gossip around town, and especially about other trials. He sort of felt sorry for Judge Yeck because when he wasn’t presiding over Animal Court he worked in a small firm that was rumored to be somewhat less than successful.

  Boa constrictors, biting dogs, spitting llamas, dive-bombing parrots, mail-order pythons, rabid cats, wayward monkeys, potbellied pigs, deadly spiders, de-scented skunks, wounded mountain lions, abandoned baby crocodiles, illegal fighting chickens, hungry bears, a demented moose—Animal Court and Judge Yeck had seen it all.

  But he had never seen a crowd as large as this. At 5:00 p.m. Wednesday, his courtroom was packed, and the mood was tense. On one side there were the Boones—Mr. and Mrs. Boone, both fine lawyers in town—and between them sat young Theo. On the floor beside Theo was a familiar face, though the face, swollen and bandaged, looked a bit different. The mutt had been renamed Judge, in honor of Judge Yeck, according to Theo, though Judge Yeck had heard the gossip that young Theo had remarked to several other judges that he had named his dog in their honor. Directly behind Theo was Ike Boone, a once prominent lawyer in Strattenburg who had fallen hard years earlier.

  Crowded together behind the Boones were a number of friends. Woody, his parents, and two of his older brothers. Hardie Quinn, his parents, his grandparents, and several of his aunts, uncles, and cousins. Several of Theo’s friends from school, including Chase and April, along with her crazy mother. Mr. Mount was there for support, along with Captain Mulloy. Dr. Kohl and Star were there, in case they needed to testify about Judge’s injuries. Elsa from the office sat next to Dr. Kohl. Along the back two rows were some of the courthouse regulars who tried not to miss a good fight.

  On the other side of the courtroom, sitting shoulder to shoulder and offering frowns and scowls that left no doubt they hated where they were at that moment, were the four men who had been arrested Sunday morning. The four men from Strategic Surveys—Larry Samson, Lester Green, Willis Keeth, and Gino Gordon. Seated behind them were wives and girlfriends, family members and others. Seated in front of them was a hotshot lawyer named Mora Caffrey, also known in some places as More Caffeine, due to her aggressive nature, jerky actions, and quick tongue. Like most lawyers in town, she had no desire to be seen in Animal Court.

  Placed between the two groups were two young deputies, armed and in uniform. Judge Yeck thought the case might get tense, and so he asked for more security.

  Judge Yeck said, “All right, the next case involves some complicated issues. I think I understand the background facts and most of the charges. As of today, the four employees of Strategic Surveys—Samson, Green, Keeth, and Gordon—are facing criminal charges of assault, assault on a minor, and trespassing. These charges will be dealt with in Circuit Court, not here. I understand there is also a civil suit that was filed this morning by Mr. Silas Quinn against these four men and their employer. Again, that’s another fight for another day in another courtroom.”

  Judge Yeck paused and looked around the crowded room. “This court has jurisdiction over animals and animals only. By law, that includes issues involving cruelty to animals. I’m looking at a complaint filed by Mr. Theodore Boone in which he alleges that Mr. Larry Samson took a five-foot wooden survey stake and beat his dog, Judge, until he was unconscious. That sounds like cruelty to me, so I am assuming authority over this case. Any response, Ms. Caffrey?”

  Ms. Caffrey stood with her legal pad and her reading glasses perched on the tip of her nose and said, “Your Honor, we have filed a motion to dismiss these charges, or, in the alternative, to move everything to Circuit Court.”

  To which Judge Yeck rudely said, “Motion denied. And you don’t have to stand up in my court. Anything else?”

  Theo had seen this before. Hotshot lawyers appearing before Judge Yeck with an attitude because they considered Animal Court to be the bush leagues. They usually did not fare too well.

  Ms. Caffrey sat down and said, “Yes, Your Honor, we would like a record of this trial, so we brought along a court reporter.”

  “Sure,” Judge Yeck said with a shrug. Animal Court was not a court of record, which meant that the testimony of the witnesses and the statements of the judge and lawyers were not recorded in any way. In every other court in the building, a court reporter, or stenographer, recorded everything electronically and by shorthand. Because the altercation between the boys, Judge, and the survey crew had led to so many legal problems, it was a wise move to start recording the testimony of the witnesses.

  “Anything else?” Judge Yeck asked Ms. Caffrey.

  “Yes, Your Honor, I ask that you recuse yourself as judge in this matter and the case be assigned to another judge.”

  Yeck didn’t flinch. “On what grounds?”

  “I believe this particular dog passed through this court about two years ago, and that you were responsible for him being adopted by the Boone family.”

  “Why is that a problem? Who else would handle such a matter?”

  “It’s just, that, well, it appears as though you might be too
close to this dog.”

  “I haven’t seen this dog in two years,” Judge Yeck replied. “And during that period of time a thousand dogs have come through my court. Request denied. Can we start now?” It was evident to Ms. Caffrey, and to everyone else in the courtroom, that she was already on the judge’s bad side. Things could only get worse.

  Ms. Caffrey did not respond.

  “Anything else?” Judge Yeck asked sternly.

  She shook her head. No.

  Judge Yeck said, “Mrs. Boone, I believe you are acting as the attorney for your son, the owner of the dog, and that your co-counsel is Mr. Woods Boone. Correct?”

  “That’s correct, Your Honor,” Mrs. Boone said with a warm smile.

  “Then call your first witness.”

  Mrs. Boone said, “Theodore Boone.” Theo stood, walked ten steps, and sat in an old chair closer to the judge, who said, “Raise your right hand, Theo.” Theo did so, and the judge asked, “Do you swear to tell the truth?”

  “I do.”

  Judge Yeck said, “Look, Theo, I know you’ve been in my court before, but today it’s a little different. That court reporter over there will record every word, so I want you to speak clearly and slowly, okay? This goes for all the witnesses.”

  “Yes sir,” Theo said.

  “Proceed, Mrs. Boone.”

  Staying in her chair, Mrs. Boone said, “Okay, Theo, tell the court what happened.”

  * * *

  Slowly, and as clearly as possible, Theo told the story of the encounter with the survey crew. He pointed straight at Larry Samson when he described the beating of Judge. He almost got choked up when he described how he scooped up his bleeding and knocked-out dog and began running, and while he was running away, he heard the men laughing behind him. He looked at Judge as he testified, and he looked at his mother, father, Ike, his friends, and occasionally at the four men, all of whom sat with their arms folded over their chests. A time or two Larry Samson frowned and shook his head as if Theo were lying.

  He told his story without interruption, and when he finished Ms. Caffrey declined the opportunity to question him.

  Hardie went next, then Woody. All three told the same story; all told the truth. The courtroom was quiet as they testified, and Judge Yeck absorbed every word.

  “Any more witnesses, Mrs. Boone?” he asked.

  “Not at this time. Maybe later.”

  “Very well. Ms. Caffrey, call your first witness.”

  Without standing, she said, “Your Honor, I call the defendant, Mr. Larry Samson.” As the witness stood and sort of stomped toward the front, Judge slowly rose from the floor and balanced himself on his three good legs and the broken one. He uttered a low growl, just loud enough for Theo and Ike to hear. Theo reached down and patted his back and hissed, “Shhhh.” Judge relaxed but kept his eyes fixed on Mr. Larry Samson, as if he would attack and draw blood if he were able.

  Mr. Samson took the witness chair, promised to tell the truth, then almost immediately started lying. After establishing where he lived and worked, Ms. Caffrey said, “So, Mr. Samson, you’ve heard what these three boys said. Tell us your version of what happened.”

  With a smirk, his first words were, “These kids are lying, all three of them. It was Friday afternoon, and after a hard week we were winding down. All of a sudden, these three kids show up on their bikes, with the dog, and start threatening us. That one there in the blue shirt, Hardie, he’s the big shot and says we’re on his family’s land and so on, and he demands that we leave immediately. You know, we were leaving anyway, the day was over, the week was over, but anyway this smart-mouthed kid is giving us a load of crap about being on his family’s property. Then the Boone kid pops off about getting us arrested for trespassing. They were jawing, we were jawing, but we weren’t about to get into a fight with a bunch of little brats. Then Boone pulls out a cell phone to call the cops and we yell some more. Finally, we tell the boys we’re leaving anyway and they get back on their bikes. The dog had been sniffing around, growling and such, trying to act bad, and anyway when they take off on their bikes, the dog somehow got in the way and one of the boys ran over the mutt with his bike. I didn’t see it but I heard the dog squeal, and when I turned around there was a pileup with the bikes and boys and somewhere at the bottom was the dog, who was yelping pretty bad. That’s how the dog got hurt.”

  Theo looked like he’d been kicked in the stomach. From behind him he heard gasps from Woody and Hardie. The entire Boone side of the courtroom seemed stunned, almost too stunned to think for a second or two.

  Their reactions were not missed by Judge Yeck.

  When Mrs. Boone finally caught her breath, she said, “So, Mr. Samson, you did not hit the dog or touch the dog in any way?”

  “I did not.”

  She nodded suspiciously and looked directly at Judge Yeck. At this point, she could attempt to argue and haggle with the witness, but she was too experienced. Because she spent so much time in court, Mrs. Boone knew what was coming. The four men concocted a lie, which all four would stick to. Judge Yeck would have to decide which story to believe, and Mrs. Boone had a hunch he would side with Theo.

  “Nothing else,” she said. Theo leaned over and whispered, “Mom, he’s lying.” She just nodded. Woody leaned over to his father and whispered, “Dad, he’s lying.” Hardie leaned over to his grandfather and whispered, “Pops, he’s lying.”

  “Call your next witness,” Judge Yeck said. As Willis Keeth walked forward, Judge Yeck glanced down at Theo and gave him a quick wink. No one saw it but Theo.

  Mr. Keeth acknowledged he was the supervisor but did not want to talk about whether he had taken his crew onto someone’s private property without permission. The trespassing issue would be settled in another court. As to the injured dog, he told the same story as Larry Samson. No stick, no repeated blows, no real contact or controversy with the animal. The poor dog somehow got tangled up and was run over by one or more of the bikes. He didn’t see it all and was perfectly vague on certain details. Mrs. Boone tried to pin him down on exactly where he was standing during the confrontation, but Mr. Keeth had a bad memory.

  More lying continued with Lester Green, though his memory was even worse than his boss’s. But, he stuck to their story and placed all blame for Judge’s injuries on a bad bike wreck. As he finished, Judge Yeck, who had been growing visibly frustrated, sent a chill through the courtroom when he asked Mr. Green, “Sir, do you know what perjury means?”

  The witness looked confused, lost, then a bit frightened. The judge helped him along by saying, “Perjury, Mr. Green, is when a witness lies on the stand after being sworn to tell the truth. Understand?”

  “I guess so.”

  “Good, now do you know the penalty for perjury in this state?”

  “Not really.”

  “Didn’t think so. The penalty is whatever I want it to be, up to twelve months in jail. Did your lawyer explain this to you?”

  “No sir.”

  “Didn’t think so. You may return to your seat.”

  The brief perjury discussion sent ripples of fear through the other side of the courtroom. Larry Samson, Willis Keeth, and Lester Green all exchanged nervous looks. Ms. Caffrey was lost in her note taking.

  Mr. Boone leaned down to Theo and said, “They’re going to jail.”

  Judge heard this and flicked his ears.

  “Call your next witness, Ms. Caffrey,” Judge Yeck said gruffly.

  “Mr. Gino Gordon.”

  Mr. Gino Gordon suddenly had no desire to testify. He had trouble getting out of his chair, had trouble walking only a few feet to the witness chair, and had trouble settling himself into it. If ever a witness wanted to flee a courtroom, it was Gino Gordon.

  “Do you swear to tell the truth?” Judge Yeck asked.

  “I guess.”

  “Yes or no, Mr. Gordon?”

  “Okay, yes.”

  “Now, before you get started, do you know what perjury means?” Judge Yec
k’s rising tone and sarcastic voice left no doubt he believed Gordon was about to lie, just like the rest of his crew.

  “Yes, I do,” he replied, his eyes dancing around nervously.

  “And do you understand you can go to jail for perjury?”

  Before he could answer, Ms. Caffrey said, angrily, “Judge, please, he hasn’t said anything yet.”

  “I get that,” Yeck shot back. “Let’s just say that I’m warning him, okay? Proceed.”

  Ms. Caffrey said, “Mr. Gordon, will you tell the court what happened?”

  Mr. Gordon looked as though he was suddenly paralyzed from the neck down, with only the muscles in his face able to move. They formed a painful frown, one of complete confusion. He tried to speak, but nothing came out. He glared at Ms. Caffrey, but she was looking for something in her briefcase.

  If he told a lie, he might go to jail. If he told the truth, his buddy Larry might get convicted, and his boss might fire him. He was finally able to mumble, “Well, Judge, I really didn’t see anything.”

  Judge Yeck anticipated this and retorted, “But all three boys said you were right there. How could you miss it? Are you being truthful?”

  “Well, you see, Judge, I really don’t want to testify.”

  “Smart man. Go back to your seat.”

  The main door opened and two more deputies marched in and found chairs.

  “Any more witnesses, Ms. Caffrey?”

  “No, Your Honor.”

  “Mrs. Boone?”

  “Yes, Your Honor, we would like to call Dr. Neal Kohl to the stand. He’s the vet who treated Judge.”

  Dr. Kohl came forward and was sworn in. Mrs. Boone asked him to describe the injuries. Slowly and with great detail, Dr. Kohl testified that Judge suffered multiple wounds to the top, sides, and back of his head, as well as two more along the top of his spine. And, of course, a broken right front leg.

  Mrs. Boone said, “You’ve heard the witnesses, Dr. Kohl. What caused the injuries? Repeated blows from a stick of wood, or the rubber tires of a bicycle?”

  “I object,” Ms. Caffrey said.

  “Overruled. Please answer, Dr. Kohl.”

  Dr. Kohl smiled, took a deep breath, and said, “It’s absurd to claim the dog’s injuries were the result of being run over by a bicycle. He was injured by several hard blows from a blunt instrument.”

  Judge Yeck looked at Ms. Caffrey, but she had nothing else. “Thank you, Dr. Kohl. Please step down. Anything else from the lawyers? Any more witnesses?” Judge Yeck looked at his watch and continued, “We’ve been here almost two hours. Anybody got anything else they want to say before I make my ruling?”

  No one volunteered. On the Boone side, there was the general feeling that enough had been said, and across the aisle there was nothing but fear.

  Judge Yeck looked at the court reporter and said, “On the record, please. I am presented with two very different versions of what happened. The three boys tell one story, the three crew members tell another. The truth is usually somewhere in the middle, but not in this case. I believe the boys, and I believe the crew members—Mr. Samson, Mr. Keeth, and Mr. Green—created a story designed to keep them out of trouble.” He glared at the men, and continued: “I think you decided you could walk into this little courtroom, into Animal Court, and simply tell your lies and all would be well. You’re grown men; therefore, the court would certainly believe you before it would believe a bunch of kids. That is unfortunate. Lying is lying, regardless of who does it, and when you lie under oath in a court of law you undermine our judicial system. You, Mr. Samson, I find guilty of cruelty to animals, a Class Three offense because it involves the intentional infliction of injury. For that, I sentence you to six months in jail.”

  Samson yelled, “Six months! Are you kidding me?”

  “No. Would you like more?”

  “You’re crazy!” Samson yelled again, and seemed ready to attack the bench. Two deputies stood quickly and lurked nearby. Behind Samson, his wife began sobbing. “I got a wife and kids!” he yelled.

  “Quiet, Mr. Samson,” Judge Yeck demanded. “I’m not finished. I also find you guilty of perjury, and sentence you to sixty days in jail, in addition to the six months.”

  “This ain’t Animal Court, this is kangaroo court,” Samson hissed.

  “Get him outta here,” Judge Yeck said to the deputies, who grabbed Samson, slapped on handcuffs, and half dragged him away. When the door slammed, Judge Yeck glared at Willis Keeth and Lester Green, both of whom were wide-eyed and pale. He took a deep breath—they weren’t breathing—and said, “As for Mr. Gordon, you were wise enough to clam up and not testify, so you’ll not be going to jail tonight. Mr. Keeth and Mr. Green will not be so lucky. I find you guilty of perjury and sentence you to sixty days in jail.”

  “We’ll appeal,” Ms. Caffrey said.

  “You have that right, but as of now they’re headed to jail. Take them away.”

  The deputies hurried around Keeth and Green. When the handcuffs were in place, they led them away.

  As they walked past, Judge was on all fours, growling as loudly as possible.

  Chapter 18

  As was now the custom, Judge slept on the end of Theo’s bed, as opposed to sleeping under it. As Judge tossed and turned through the night, he sometimes