Over the next couple of months, I would still suck Eli, but he didn’t return the favor. I reminded him that I didn’t mind, I was happy to pleasure him and expected nothing in return. He did, however, start to give me a sweet kiss after each of our sessions.
I had other things on my mind anyway as the number of emails from Edward Jennings were increasing. I had received one each day in the last week, things were starting to fall into place, and it looked as if I may be getting a retrial. The last email had me very excited, Edward was coming to see me in person on Friday. We had talked a couple of times on the phone and of course through emails but meeting him in person seemed like something big was about to happen.
I could hardly sleep the night before, I hope I wasn’t setting myself up for disappointment. Mr. Jennings had given me no indication that things were close to an end, but him coming here in person surely had to mean something. Right?
Hank approached me as I walked out of the dining hall after breakfast on Friday morning. He smiled, “Your lawyer is coming at 10, there is no need for you to go to the cabinet shop. Why don’t you go back to your cell, I’ll come get you as soon as Mr. Jennings gets here.”
I nodded, “Thanks Hank.”
I sat on my bunk and picked up the book that I had been reading. I started the next chapter at least ten times, I was having trouble concentrating. I checked the time every two minutes; time was just dragging today.
Finally, Hank knocked on my door and poked his head inside and smiled, “Ed Jennings is here, Ethan.”
I jumped off my bunk and ran out the door. Hank chuckled as he led me down the hall, “He’s in my office so you can have some privacy. Good luck kid.”
I stepped into the office; I had not been in there since the day I arrived at Springfield. A large, imposing man in an obviously tailored suit stood up from behind Hank’s desk as the door closed behind me. He stepped around the desk with a smile and an outstretched hand.
I shook his hand as he said, “So, you are the young man that caused me to kick this hornet’s nest?”
I swallowed hard, what did that mean? I stuttered, “Um… Yeah… I guess so.”
He chuckled, “Relax Ethan, it needed to be kicked. Please, have a seat and I will fill you in on what has happened.”
I sighed, “Yes sir. Thank you Mr. Jennings for talking to me.”
He shook his head, “It’s Ed, and I am happy to help. When Chad and Danny told me what happened to you, I knew I needed to at least check some things out. I have had run ins with Thomas and Meyer before, I always had a feeling they were up to no good, but I couldn’t figure out what it was.”
I asked, “Are you saying they are crooked?”
Ed shrugged, “Let’s just say they were a little overambitious.”
I paused, “What does that mean?”
He said, “When Harold Thomas ran for District Attorney, he promised he would rid Hartford of what he called a “drug epidemic”. He claimed that there was a real drug problem and everyone bought it. Truth be told, there were no more drugs here than there were anywhere else. Most of it was just marijuana, there are actually very few hard drugs being sold. He made it his mission to set examples of all of his early cases. He was trying to pad his conviction rates, whether the suspect was guilty or not. He targeted kids like you and your friend, Aaron. You were young, had no record and no money for a proper defense. He knew that you would get an inexperienced public defender and he always got on Judge Meyer’s calendar just to insure a guilty verdict.”
I said, “So the judge was in on it too, and helped him?”
Ed sat back in his chair, “I wouldn’t say he was in on it, but Thomas knew Meyer was always hard on drug cases and knew how to manipulate him.”
I asked, “But what about the police. That undercover officer that Aaron sold the drugs to, swore that I was involved. The first time I saw him was at my trial, I never saw him in our house.”
He exhaled, “He was told to lie on the stand, by the Captain of the Narcotics Squad. They didn’t share the statement that Aaron had given about you not being involved. Just like Thomas, the Captain was padding his arrest numbers to make himself look better. By the way, both the Captain and Thomas are no longer employed by the city and there are at least 8 similar cases that are currently being investigated. I’m sure there are even more that will be looked at very soon. And Judge Meyer suddenly decided to take an early retirement. Although he just judged the cases as they were presented to him. He should have seen the pattern and said something, but he didn’t”
I sighed and said, “So Aaron killed himself because this Thomas guy had a big ego.”
Ed took off his glasses, “I’m sorry Ethan, but there is also something more I should tell you about Aaron. I talked to one of the jailors that was on duty the night Aaron died. He found Aaron right after he hung himself and yelled for help. He was ordered to get away from the cell; he thought Aaron could have been saved but instead was left to die to be discovered in the morning. Only the head jailor has keys to open the cells. The official report said that a desperate criminal took his own life, so no one questioned it or had to face any consequences.”
My blood ran cold, “Why didn’t the jailor say anything?”
Ed said, “He did. He was told there would be an investigation, but after a week of nothing happening, he felt so guilty that he quit and moved out of town. He sent a letter to the DA’s office every month for a year after he left and never received a response.”
I felt a lump in my throat. It suddenly occurred to me that I never properly grieved for Aaron. Yes, I was pissed that he got me arrested, but he still did not deserve to die. Especially since there was a chance that he could have been saved. It felt like I was being told that Aaron died for the first time. I had to wipe the tears away that had suddenly begun to stream down my cheeks. Ed sat back in his chair and let me sit in silence for a few minutes to take in all that he had just told me.
I composed myself and let out a deep breath, “What does all of this mean for me?”
Ed smiled his biggest smile and said, “We have a court date set for your case to go before a new judge. December 20.”
I started to shake as the tears again rolled down my cheeks, I stammered, “Can I hug you?”
He jumped up from his chair and wrapped his arms around me. Thank God he did, otherwise I think I would have fallen to the floor.
Ed gave me a few more details and an hour after I first met him, I gave him another hug and met Hank in the hall.
Hank grinned, “From the look on your face, I take it the meeting went well.”
I nodded as I wiped the last of my tears away, “Yes, very well. I have a court date on December 20.”
He patted my shoulder, “Good for you Ethan. You don’t have to go to the cabinet shop today. Why don’t you go call your family and tell them the good news. I’ll let the other guards know that you have my permission.”
I smiled, “Thanks Hank.”
I immediately called mom. I said, “Hey mom.” After she answered my call.
She said, “Ethan! It’s not Sunday, why are you calling?”
I said, “I just had a meeting with Ed Jennings. He got me a court date.”
She squealed, “Are you serious?”
I chuckled, “Yes, the DA that put me here has been fired and Ed has all kinds of things that prove my innocence.”
Mom and I talked for another half an hour. I called Danny as soon as I ended my call with mom. After I gave him the news, I sent an email to Kirk. I told Kirk what was going on right after I was arrested and we had been emailing each other every week since I have been at Springfield.
I couldn’t wait for Eli to get back to our cell from his job at the auto shop. Then it hit me, if I do get out of here, I am really going to miss him. He has been so kind to me. I have also become very fond of our special times together. I know he will be happy for me but was just a little sad that I might be leaving him.
I sat reading through the papers that Ed Jennings had left with me. Most of it was in legalese that I didn’t completely understand. I just know that from what Ed had told me, at the new trial, the new judge would listen to all the new evidence, and he could do one of three things. First he could say that none of the evidence was sufficient to prove my innocence and send me right back to Springfield. Second, he could say the evidence was enough to grant me a new trial. And third, if the Judge thought the evidence was conclusive enough, he could release me that day.
Ed told me not to get my hopes up for the third option but assured me that if I got a new trial, that would be just as good. I would have to remain an inmate until the new trial date, which could be several months later. He also told me to be prepared for the first option; he didn’t know what the new prosecutor had planned.
As I finished reading the papers, I was trying to prepare myself for any of the three outcomes. Eli walked in just as I closed the folder that Ed Jennings had given me.
Eli paused to study my face and asked, “So, how did it go?”
I grinned, “Really well, I think.”
He chuckled, “You think? What does that mean?”
I smiled as I told him everything that Ed Jennings had told me in our meeting.
His eyes went wide, “So, you might only have to spend until December 20 in this place?”
I nodded, “Possibly, but Ed told me to be happy if I was only granted a new trial. There is the chance that the judge could disagree with everything and I could end up having to serve out the remainder of my sentence.”
Eli sighed, “I know you’ll at least get a new trial, there is no way they will make you serve out your sentence.”
I smiled, “Thanks, I hope so too.”
It was still two months until my court date, they were the longest two months of my life. On the Sunday before my trial, mom and Danny both came to see me. We sat down and started to talk about the big day. A few minutes later, a guard came over with a bag and said, “Everything is fine Mrs. Andrews. Sorry, but it is policy that we search all packages brought in.”
Mom gave him a smile, “Thank you, I understand.”
He nodded at Danny and then looked at me and said, “We are all pulling for you Ethan, good luck.”
I said, “Thanks.”
As he walked away, I asked, “What’s in the package?”
Danny grinned, “Just a little something that mom and I picked up for you. It’s for your court date.”
I opened the bag as soon as he handed it to me. Inside I found a new shirt, pants, socks and shoes. I looked at mom and Danny.
Mom said, “You should look good when you go before that judge.”
Danny chuckled, “Yeah, maybe he will be more convinced you can be a productive member of society if he sees a decent looking guy standing there in nice clothes instead of a convict in a prison uniform.”
I smiled as tears ran down my cheek, “I love you guys, I can’t wait to put these clothes on.”
They told me that they were both planning on being at the trial to support me. They hoped if the judge saw I had family behind me, it might help sway his decision too. I really was lucky to have my family, even if dad never wanted to see me again.
Eli and I had one of our sessions on the night before my trial. He actually seemed a little more tender and gave me an extra-long kiss. If I did get released, I was really going to miss him.
I woke up and took my shower before breakfast; I was putting my prison uniform on to go eat. Eli was also getting dressed.
He asked, “Aren’t you going to wear your new clothes?”
I sighed, “I’ll change after I eat. I have an hour and a half before I need to leave. I don’t want to rub it in to all the other guys.”
Eli chuckled, “Come on, let’s go eat.”
We returned to our cell after we finished breakfast, Eli got ready to go to his job at the auto shop. I changed into my new clothes. They were a bit baggy on me; I guess I had lost some weight over the last year and a half.
Eli smiled, “You look good Ethan.”
I sighed, “Thank you. Thank you for everything, you’ve made my time here bearable. I can’t thank you enough for everything you did for me.”
Eli wrapped me in a big hug, “You made things nice for me too.”
He turned to leave and said, “Be sure to write to me to tell me how you’re doing.”
I nodded, “I’m not out of here just yet, I may be back this afternoon. When I do finally get released I will write you all the time and when you get out of here, I’ll meet you and we’ll go have a beer.”
He grinned, “I’m looking forward to that.”
My stomach was flipping during the entire drive to the courthouse. I was hoping for the best but trying my damnedest to be prepared for the worst. I crawled out of the van, still handcuffed, I was still a prisoner, and it was policy. The guard led me to the waiting room, and we were told that court was on schedule and that I would be taken into the courtroom in five minutes.
I was hoping to see Ed Jennings before I went into the courtroom, just to get any last-minute advice. The bailiff opened the door and motioned for me to follow him. The guard that brought me here, removed my cuffs and said, “Good luck.”
I nodded and followed the bailiff, I saw Ed sitting at the table. As I walked to my chair, I saw mom and Danny, they both gave me a welcome smile, Danny added a thumbs up. Ed turned and gave me a wink as I sat down.
He asked, “Are you ready?”
I nodded, “I think so.”
Before we could talk any more, the bailiff said, “All rise, court is now in session. The honorable Laura Robbins presiding.”
A very serious looking woman walked in and set the file that she was carrying down on her desk. She said, “You may be seated.”
The bailiff spoke again, “This is case number…blah…blah…blah…”
My heart and mind were racing, I didn’t hear most of what he was saying. Once the bailiff finished talking, Judge Robbins started, “I have read all the statements prepared by both sides. I have also reviewed all the new evidence and new statements from witnesses. In addition to that, I have reviewed Mr. Andrews record from his time at Springfield as well as several letters from the guards.” She turned to the District Attorney and asked, “Mr. Prosecutor, is there anything that you would like to add to your statement?”
The DA stood up and said, “No your honor, my statement is clear and so is my recommendation.”
My heart stopped, did he say his recommendation?”
The Judge turned to Ed and asked the same question.
He stood and said, “No your honor. The defense is satisfied with its statement as well.”
I wasn’t sure what was happening, I was expecting something more like my first trial. Why wasn’t I put on the stand and asked questions? What about the other witnesses the judge mentioned? Was that undercover officer going to testify?
Ed must have sensed my uneasiness; he put his hand on my arm and gave me a nod.
The judge said, “Very well gentlemen, will Mr. Andrews please rise.”
I looked at Ed; he gave me another nod and we both stood up.
Judge Robbins continued, “After seeing the details of this case and all the new information that has recently come to light, I will be accepting the District Attorney’s recommendation.”
I felt the breath leave my lungs; I was sure that I would be going back to Springfield today.
She looked at me and said, “Ethan Andrews, it is clear to me that a lot of people did their jobs very poorly when you were first arrested. I find no evidence that you even committed a crime. Therefore, I am overturning your conviction and dropping all charges against you with prejudice.”
I felt my knees buckle; Ed quickly held me up and I was finally able to breathe again.
The judge continued, “As of this moment, you are free to go.”
I heard my mom gasp and start to sob; Danny let a quiet “Yes” slip out.
Judge Robbins smiled in their direction, “I can only apologize on behalf of the state, and your lawyer will fill you in on the settlement you will be receiving.” She looked at mom and Danny and asked, “Is that your family, Mr. Andrews?”
I nodded, “Yes, your honor.”
She said, “So that means you have someplace to go as you resume your life?”
I panicked, where was I going to go? Danny was living in the dorms and home for Christmas break, so I couldn’t stay with him. Would dad let me back into the house?
I stuttered, “Um…I don’t…”
Mom spoke up, “Yes your honor, he will be coming home with me.”
The judge smiled, “Very well, please let me apologize again Mr. Andrews and please be well. You are free to go.” She slammed her gavel, “Court dismissed.”
The bailiff said, “All rise.” As Judge Robbins walked out. I turned to Ed and looked at him in disbelief.
He grinned, “It’s all over Ethan, you can go home.”
Before I could think of anything to say, mom and Danny were hugging me, mom was kissing my cheek with every squeeze. She then turned to Ed and gave him a big hug as well.
Ed said, “We have a little paperwork to fill out Ethan, you are welcome to have your mom and brother join us.”
I nodded as we started to walk out of the courtroom, mom holding my hand. We were led to a small room with a table and a few chairs, We all sat around the table and Ed asked, “How do you feel?”
I sighed, “I’m not sure everything has sunk in yet. I do have a few questions though.”
He took his glasses off and nodded, “Okay, ask away.”
“Did I understand correctly? The DA recommended that I be released?”
Ed smiled, “Yes, he is trying to undo a lot of things that happened under the leadership of his predecessor. There are five more cases just like yours that will be heard this week. It will be with the same judge, and he has also made the same recommendation for those young men.”
I thought back trying to remember the other questions I had. I asked, “When she said my case was dismissed with prejudice, what does that mean.”
Ed said, “That just means that you cannot be charged again for the crime you were wrongly convicted of. There would be no reason for them to anyway, but they can never reopen this case against you.”
My heart rate had finally returned to normal as I took another deep breath, “Did she say that the some of the guards wrote letters for me?”
Ed chuckled, “Yes, I just asked Hank to give me a letter of recommendation, but several of the other guards insisted that they write a letter as well. You must have been a model prisoner.”
I shrugged, “I guess I was just trying to make the best out of a bad situation.”
He gave me a smile as I thought of my last question, “What did she mean by settlement?”
He grinned, “I was wondering if you caught that. The state is going to pay for their mistake of sending you to prison. There will be two payments, one is for your lost wages for the last year and a half. They calculated the number of days that you would have worked and will be paying you for all of them. They are also giving you a payment based on the number of days you spent in Springfield.”
He opened a folder and showed me the amounts, I couldn’t retire, but it was going to be a big help in restarting my life. I asked, “Will you be taking your fee out of this money?”
Ed laughed, “No, every penny of that is yours. I am being paid from a statewide defense fund that is meant to help those who don’t have the means to pay for their defense. It’s for cases like yours that need to be retried because the defendant didn’t receive proper representation in their first trial. To be honest, I would do all these cases for free, if it meant getting innocent people freed from prison.”
After we went over all of the rest of the paperwork, Ed told us he needed to go, he had another meeting, I could expect my check within the next two business days. As we walked out into the hall, it suddenly dawned on me that mom had said that I was going home with her.
I turned to mom, “Were you serious when you said that I would be going home with you?”
She nodded, “Yes, I am very serious.”
I asked, “What about dad?”
Mom took a deep breath, “Ethan, you are our son, you will not be living on the street again. I should have stood up to your dad the first time he kicked you out. If he doesn’t like it, he can find someplace else to stay.”
I gave her a hug, “Mom, I appreciate that, but I don’t want to cause any problems between you and dad.”
She gave me that smile that only moms can give, “You are not causing the problem, he is. He needs to learn that.”
Danny said, “Come on Ethan, let’s go home. Mom is right, dad needs to understand what a real family does to help each other.”
I was still trying to get used to the idea that I was a free man again as we drove home. When we got home, mom immediately made me something to eat. She shook her head, “You look so skinny, we need to put some meat on those bones, so you can fill out those new clothes.”
Danny laughed, “Yeah, sorry big bro, I would have gotten a smaller size if I had realized you lost some weight.”
I smiled, “The clothes are fine, I don’t care how baggy they are, I still love them.”
We spent the rest of the afternoon just talking and reminiscing. It felt so good to laugh and joke with mom and Danny again. As it started to get dark outside, I was suddenly struck with the thought of dad getting home from work. My stomach started to turn again as the nerves kicked in.
Right at the usual time, we heard dad’s truck pull into the garage. I took a deep breath as the door opened and dad walked in. He stopped dead in his tracks as soon as he saw me standing there.
He looked at mom and said, “What the hell is he doing here?”
Mom yelled, “Damn it Larry, he is your son. He has spent the last year and a half in prison for a crime he didn’t commit. He had no place else to go.”
Dad bellowed, “He stopped being my son when he got caught sucking that other boy’s dick. It’s not my problem that he has no place to go.”
Danny stood up, sending his chair flying across the room, “Jesus Christ dad, Ethan is still your damn son. That didn’t change just because he is gay. You need to get the hell over yourself; he is still the same person he was before you kicked him out.”
Mom added, “If you can’t deal with Ethan being here, you can find someplace else to sleep tonight.”
Dad’s eyes went from mom to Danny and then to me. I had never seen that look in my dad’s eyes before. He has always been so sure he was in charge and confident and that we all would just follow his orders. Me, mom or Danny had never stood up to him like this before. I could see he had no idea what to do now.
He stammered, “I’ll be in the garage, working on my truck.”
He slammed the door as he left the kitchen. The three of us just looked at each other, not sure what to do next. I walked over to mom and gave her a hug, then hugged Danny. “Thank you both, I love you.”
Mom wiped away a tear, “We love you too.”
Danny added, “Of course we do.”
I sighed, “I think I should go talk to him.”
Danny raised an eyebrow, “Are you sure?”
I nodded. Mom added, “Maybe you should give him some time.”
I shook my head, “He’s had over three years mom, I need this to be over. Either we work things out, or I leave forever.”
They both looked unconvinced that I was doing the right thing as I walked out the door. Dad was standing at his workbench when I walked in, he glanced over his shoulder at me.
I asked, “Can we talk?”
He looked down and then walked to the fridge and pulled out a bottle of beer. He asked, “Want one?”
I let out a sigh of relief, that was a start, “Sure, I would love a beer.”
We took the first drink and stood there in awkward silence for a minute. Dad looked at his feet, “Does this mean you are out of prison now?”
I nodded, “Yes, I have been found innocent on all charges.”
He took another drink, “Yeah, your mom told me what was going on. I knew you had been raised better than to get involved in something like that.”
I said, “Yes, you and mom did a good job raising me and Danny.”
We both stood there in another minute of awkwardness. I studied his face; I didn’t see the look of anger that I had seen the day he threw me out on the street. He looked older than the last time I saw him, I think I even saw some shame in his eyes. He was still in shock that the rest of his family had just essentially told him to pull his head out of his ass.
I sighed, “Dad, I’m sorry I disappointed you by being gay. I didn’t choose it, but I am gay. I wish that you could accept me for who I am.”
Dad swallowed the last drop from his bottle and said, “Damn it Ethan, I just don’t know how to treat a gay son.”
I chuckled, “Just treat me like you did before you found out I was gay.”
He ran his hand through his hair, “I don’t think I treated you very good before, so I guess that shouldn’t be too hard.”
I laughed, “You didn’t treat me bad, you just have your own way of showing your love.”
Dad rolled his eyes, “I’m sorry, but I just raised you boys the same way my old man raised me. All this caring and talking about your feelings crap is not what I know. I did the best I could.”
“I know dad. I know you love me and Danny, and we love you. I don’t expect you to change and start saying it every time we see each other. You were always there for us when we needed you… Well except for the last time you talked to me.”
He hung his head, “I just wish you would have told me that you are gay, instead of getting that phone call.”
I sighed, “I know dad, I wanted to tell you a hundred times, but I was a scared teenager, and I was afraid you would react the exact way that you did. I know that was not the best way to come out, and it certainly wasn’t what I had planned.” I paused and said, “But be honest dad, would you have reacted any differently if I had told you?”
Dad opened another beer, “Probably not, I’m sorry.”
I tried to hold back my tears, “It’s okay dad. All that I have ever wanted is for you to be proud of me. I wish I would have told you everything, so you weren’t ashamed of me.”
Dad sighed, “Ethan, I am not ashamed of you. I have always been proud of you and Danny. You both did well in school and never got into any serious trouble. When you took that old piece of junk mower and turned it into a business that bought you your first truck, I was telling every person at work how proud I was of you. I’m just sorry I never told you.”
I brushed a tear away, “I hope that we can start from before that day and just be there for each other.”
I saw dad fighting back his tears as well, he nodded, “I’m not sure I deserve it. I have missed you and have wished that I had done things differently that day. I do love you and wish that the last three years wouldn’t have been wasted.”
I sighed, “They haven’t been wasted if it means that we are close again, I love you too, dad.”
I couldn’t hold the tears back any longer and I walked over and gave dad a hug. For the first time in my life, dad hugged me back. When he stepped back, he tried to hide it, but I know I saw him brush a tear away.
He took another drink and said, “I’m going to try Ethan, but what do I say if you ever bring home a…boy…friend?”
I laughed, “Hasn’t Danny ever brought home a girlfriend?”
He nodded, “Yeah, of course, a couple of times.”
“Just talk to my friends the way you talk to Danny’s.”
Dad chuckled, “You mean just tell them I like their fingernail polish or their earrings?”
We were both laughing now, I said, “Sure, if he happens to be wearing fingernail polish or earrings.”
His eyes went wide, “You mean a guy might have his nails painted?”
I shook my head, “Some guys do, they are usually not my type, but it is possible.”
Dad sighed, “I’m glad you’re home and you are welcome to stay as long as you need to. Let’s go back inside and see if your mom will make us some dinner.”
To be continued…
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