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Sunday, April 3, 2011

The Appeal

His face was etched in fear.  The closing arguments had only been given late last week and already the Judge was convening Court.

His defense attorneys stood at his side.  The Judge looked down showing no emotion as he read from the scripted pages, but the only word he heard was Guilty.

The reporters fled from the court room, anxious to return their stories for the morning edition. 

The Crown prosecutor smiled as he rose from his desk, taking a long knowing look at the uniformed officers in the stands who had testified on behalf of the Crown.  He also searched out his prime witness, a misleading, angry old man who had sat in the back of the court room for the duration of the trial.  They exchanged affirmation, no further conversation was necessary. 

As he was lead away in handcuffs, the defense attorneys were already discussing the Appeal.

 The greatest regret at this moment was raising his head to look into the eyes of his father; yet as they met, the aged eyes only showing understanding and pride towards his son. They showed no fear or defeat.

Due to the nature of the charges his passport and securities would be surrendered to the court clerk in order to successfully achieve bail; set at $250,000.00. 

While he was waiting to be processed several of the officers, known to him through his law practice, stopped to express how sorry they were, all assuring him that this was a grave error and that justice would be done.

His license had been suspected over a year ago, which had forced him to close the doors to his practice.

He had a new understanding of friendship.  For those he thought would be there for him at this time had all vanished.  

The Crown had successfully created moral panic within the law community and, in the court of public opinion he was perceived as guilty.  Like McCarthyism, the Crowns case showed little regard to the actual guilt or innocence. 

Once released he took only the balance of the day to rest; he was anxious to find justice and returned to his lawyers offices the next day.  An experienced trial attorney had been brought in to handle the appeal. It was comforting to hear that this well respected attorney had requested first seat on the appeal after hearing the grounds of the ruling from the Judge. 

 As he walked along the street, well known as Decree Avenue he could not help but pass those, who up until this trial he considered his friends and associates on many of his files, and had been to his home; now they looked away, seeking focus anywhere but on him. He did not know how far he would have to reach from within to seek and sustain the strength he needed, but he knew he had no alternative.

 He had successfully put himself through law school, always having the satisfaction of knowing the only other career that would fulfill him as had the practices of law, would be that of Superman. 

Each day preparing for the appeals that took months and  then turned into years he would mechanically rise from his bed, force himself to breath, and pray that he would get through another day.  The hardest climb for him was judgment.  For the ensuing nine years,  his life would remained in suspension.   Yet all around him life carried on; he was thrilled to witness new life and saddened to witness death.    He found it hard to remember his life before.  In many ways a lot seemed frivolous.  His losses were immense.  His circle of trust  had become very small.  In self preservation, he had built so many layers of armor unto himself.  He now only expected the worst; he was prepared for that. In silence his family and his few friends stood at his side; never waving from his truths, never allowing him to feel alone.

The judgment from the Supreme Court came quickly.  The decision was unanimous; the Court had ruled that the Crown and the Judge had both erred in law and a new trial was ordered. 

Yet, appearing in Court under a new Judge and a new Crown prosecutor, there would not be another trial.   The Crown after studying the case, the arguments, and the evidence that had been withheld and could only on this day apologize to the Court and to him.   Apologize for the travesty of justice that was allowed to dictate his life and the Courts.  Acknowledging that the office of the Crown would never be able to return nor repay all his losses, both in life and career.  The Judge would also speak with great remorse apologizing and condemning the actions of the past several years, both by the Crown and the Bench.

As he left the Court he was hesitant to review the full extent of his damages.  Time was the cruelest of all because it would not give him back his yesterdays, nor apologize for the loss.  Yet he looked upon having the freedom of his tomorrows.

And where he asked, are the reporters for this news.  In due course his success had been reported, far from the front page, it appeared in Section 4, page 12. 


A lifetime has now passed.  He and his family moved to find their freedom and as each day passes it is returning, perhaps in a different atmosphere than what he thought would be his life. 



Even after all this time the Superman Cape still remains ready for use.

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