by Barbara Lynn Terry

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Part X - The trial is postponed
 
 
(Author's Note: I worked as a legal secretary/paralegal for quite some time. The legal procedures I write about in my last two stories are according to the jurisprudence in the states that I have lived in in the upper midwest. I also found similar procedures when I was in Australia, even though their system is based on England's. Also, this story, if read correctly from chapter one through the current one, will show an underlying current of events that follow each other. If you are confused by what you read, please re-read the chapter again before commenting. It is greatly appreciated. Thank you, Barbara.)
 
 
Part I - Mr. Bailey gets in trouble.
 
 
The next day was school, but Mrs. Jenkins called early and said that there was a hearing before the judge, because of mother's attempted suicide. So once again, I was going to go to the courthouse to see just what all this is about, and daddy told me I might be called to testify. Mrs. Jenkins didn't know for sure. So I got up, got out my clothes for court, and went to run my bath. I soaked in a nice bubble bath for a short period of time, then washed. After rinsing and patting myself down, I wrapped the towel around me female fashion, and went to get dressed.

"Katie!" I excalimed, almost running into her.

"It sure took you long enough," she said with a mock scowl. "Go and get dressed, because we have to be there by nine. We have time for breakfast, but not washing the dishes. Just rinse your dishes out and we will wash them when we get home."

I said okay and went to get dressed, while she went to take her bath. I put on white bra and panties, and then my red and white tartan plaid skirt, and white blouse. I put on a pair of double knit knee high socks, and a pair of black dress shoes with a modest two inch heel. I didn't bother with much makeup, except a little mascara and light rose lipstick. After brushing my hair out, and putting it in a pony tail, I was ready for my meager breakfast of jelly toast, milk, and juice. I rinsed out my cups, and set them in the sink. Katie didn't have any breakfast, and daddy was in a hurry to leave.

We went out to the car, and after buckling in, we left for the courthouse. Daddy parked in the underground garage, and we went in through the tunnel entrance. When we got to just outside the courtroom, Mrs. Jenkins was there to meet us.

"I'm glad you could come on such short notice. Kira, I am not sure but maybe I will call you to testify today. It depends on what the judge does with my motion for a psychiatric evaluation. She should grant it because of what your mother did yesterday. So, if we're ready let's go in and see what happens."

We went in the courtroom, and we sat right behind the district attorney's table. Mrs. Jenkins took some papers out of her case, and set them on the table before her. David the bailiff then announced the court was in session.

"Branch 32 of the county circuit court is now in session, silence is commanded, the honorable Jessica Dawson, presiding." When the judge sat down, David told us all to be seated. "Case number F-3265, the state versus Lillian Spelling. Set for trial, your honor."

"Thank you, David. Mrs...

"Your honor, I have a motion to present before the court."

"Mr. Bailey, are you in the habit of interrupting the court? I was speaking to Mrs. Jenkins. You will have your turn." Mr. Bailey sat down. "Mrs. Jenkins, you have filed a motion before the court this morning upon your arrival. Please state the particulars of the motion."

"Thank you, your honor. Your honor, yesterday morning, just after breakfast was served in the women's jail, I received a message on my answering machine that said the defendant, Lillian Spelling attempted to commit the crime of suicide by trying to hang herself in her cell. My motion is simple, your honor. I move the court to commit the defendant, Lillian Spelling to the state hospital for this district for a term of not more than thirty days to undergo a complete psychiatric evaluation.

"There is one more motion before the court, your honor, if I may."

"You may proceed, Mrs. Jenkins."

"Your honor, on Friday, after this case was heard, and we had adjourned, Mr. Bailey approcahed the defendant's family and made a very snide comment to the defendant's ex-husband. Mr. Bailey is quoted at saying, 'you don't stand a chance. This little faggot is going to be taught a lesson'. I move the court to withdraw the services of Mr. Bailey and appoint counsel for the defendant."

"Mr. Bailey, is there any truth to this statement?"

"Well, your honor, the defendant's son is parading around here like a girl, wearing girl's clothes. I just wanted them to know that I knew what game they were playing. That's all."

"That is not what I asked you, Mr. Bailey. Did you make the statement that Mrs. Jenkins just put into the record?"

"Yes, your honor, but somebody has to stop this man from raising a boy as a girl."

"Mr. Bailey, that is a matter for the trial, not personal vendettas. You are hereby removed from the case by judicial order for misconduct, and the bar association's misconduct board is going to hear about this. Now let me see, where is my appointment list?"

"Right here, your honor," David said, handing the judge a notebook.

"Thank you, David." She looked in the notebook for a bit, then continued. "I am appointing Mr. John Weeks to represent the defendant for the rest of this case. However, that does not mean that I cannot entertain the motions of the state. But, in all fairness, I will hold off on making a decision to grant or deny the state's motions, until after Mr. Weeks has had an opportunity to interview the defendant. Are there any objections, Mrs. Jenkins?"

"No, your honor."

"Very well, this case will be heard again on ... oh wait, we already have a date. I am also issuing an order that the defendant be kept on strict suicide watch, until we resume in November. Good. The defendant is remanded, and we are in recess."

Mrs. Jenkins talked to us after the judge left the courtroom. "Well, this will delay the trial for about a month. When we come back in November, Mr. Weeks will have had time to talk to your mother. Now Mr. Weeks is a very good attorney, but even he can't get her out of this. Assualting a minor in this state is very serious, and it doesn't matter if the assault was with a weapon of any kind or just the hand. The minor doesn't have the training to be able to defend against that, and shouldn't have to. Anyway, you will each receive your subpoenas to come back in November. Take care, and especially you Kira. I have checked with your school. You are well respected there as well as a very bright student."

"She gets that from me, Mrs. Jenkins," Katie said, trying to lighten the moment.

"Well, whereever she gets it from, I hope she never loses it. Bye for now, I have to go and prepare a little paperwork."

We left to get the car. Mr. Bailey was in the elevator, when we got in. "So, you think this changes anything. You're a little faggot, and you are damn lucky you aren't my kid, or you would never be able to sit down."

"Mr. Bailey, you say one more word like that to my daughter, and ..."

"And what? You'll be me up. Ooooo I am so scared. I should beas this faggot's ass for you, so you can see how it's done." There was a deputy sheriff on the elevator too. Daddy asked the officer to arrest Mr. Bailey for threatening a state witness. And if he wanted to know which case Kira was testifying in, to call the ADA Mrs. Jenkins. Mr. Bailey was promptly arrested, and daddy was told he had to come with to see the district attorney.

Well, wouldn't you know it, Mrs. Jenkins was behind the window talking to someone as we came in. She saw Mr. Bailey in handcuffs, and I could see she was trying so hard not to laugh.

"Officer, what is the charge?"

"Threatening a state witness, ma'am."

"Please, come into my office. I think we can draw up the complaint there. Threatening a witness, Mr. Bailey? That is really underhanded, even for you. Now, Mr. Spelling, will you please give me the details?"

Daddy told her what Mr. Bailey had said in the elevator, and that this deputy was a witness to the whole thing. He then said he was told by Mr. Bailey that if daddy didn't know how to spank a child, he would show him how it was done.

"Well, Mr. Bailey. Threatening a witness in this state is a felony. It looks like you will be going to jail, instead of your office. You should have left well enough alone."

"You mean to tell me, you're charging me with a crime. I haven't done anything. All I said was..."

"Mr. Bailey, you have the right to remain silent, anything you say now may and will be used against you in a court of law. You have the right to an attorney during questioning, if you cannot afford an attorney, one will be appointed for you by the judge. Do you understand these rights as enunciated in Escobedo v. Illinois, and Miranda v. Arizona?"

"I was just going to say..."

"Do you understand these rights, Mr. Bailey?"

"Yes."

"Then if I were you, I would not say another word. The complaint will specify that you, Charles Dwight Bailey did, on October 11 of this year, Intimidate a witness in a criminal trial, and did threaten said witness, a minor child, not your own, with injury by the use of your hand. As an attorney Mr. Bailey, you know what you did was wrong, and you should have kept your personal views out of it. The ethics committee of the bar association's disciplinary board is going to have a field day with this. I am obligated by state law to report this. Officer you may take the defendant away." Mr. Bailey was swearing in whispers as he left Mrs. Jenkins office.

"Well, I can't say as I am surprised. Charles Bailey was one of those upstart attorneys that was always trying to confuse issues. The bar association will suspend him from practicing law, until his trial is over. We are going to ask for a witness protection order for your whole family, just in case he can make bail, because you are all witnesses. But Kira, when he threatened to spank you, that is threatening injury and intimidating a witness. You all have a safe day, I have to get this complaint out."

We left her office, and headed to the elevators. When we got to the tunnel/parking structure floor, we went right to the car. After buckling our seatbelts, daddy left the parking garage. We headed for home, but then daddy asked us who was hungry. We all said we were, and we headed for Denny's.

When we got to Denny's, the parking lot was packed, and we had to park on the street. We went in, and there was a line of people waiting to be seated. Must be all you can eat day, or something. I giggled to myself, and Katie looked at me and nudged me slightly. When it came our turn to finally get a booth, we were ravenous. Well not really, but it seemed to take forever just to get a booth. The waitress brought water for each of us and our menus. She asked who wanted what to drink and we gave her our order, then asked for a little time to give her the rest. She left to get our drinks, and we looked at our menus. I wanted the same salad I had the last time I was here. Daddy and Danny ordered as much fatty burger as they could, and Katie settled for just a grilled chicken sandwich. We didn't talk much, because there were too many people in the restaurant, so we ate and talked about this and that, really nothing important. When we were through with our lunch, Daddy paid the bill, and we left.
 
 
Part II - Kira's Physical Examination
 
 
When we got home, the aswering machine was beeping. Daddy pressed the listen button. "Mr. Spelling, this is Dr. Fitzgibbons office. Kira has an apointment on October 15, at four o'clock. If this is inconvenient call us as soon as you get this message to reschedule."

"Well, it looks like we can get things moving right along. Just remember Kira, answer any questions the doctor asks you. I think too that this will also shut Mr. Bailey up once and for all. It's too bad he had to wreck his career by showing his fangs. But, what can you do with people like that? I certainly hope he learns his lesson well from this."

"Daddy, I'm not afraid to see Dr. Fitzgibbons. Katie and I have been talking about it for a while now. Daddy, I'm thirteen now, and quite a big girl. I am not going to allow anybody to tell me who I can be."

"Good girl. Well, we have about a month before we go back to court. So this is timely. Hopefully the next four days will go by quickly, then we can get one examination out of the way. By the way, Kira, when did you have a physical last?"

"I can't remember, daddy."

"Well then, this examination will tell us if you are healthy," daddy smiled.

"Oh daddy," I said feigning exasperation. "I guess all is lost when you have a father and a brother."

"What was that, you little minx," daddy said picking me up and Danny tickling me. It is really nice to have fun in your own home.

Home. That word really means something when a family sticks together. I wish mother was here, so we could all be together. But I won't dwell on that, because if it weren't for her, I would still be living in a house without love, instead of bright, fun filled home. Home, our home.

The rest of the day went fairly well, daddy was looking in the theater section of the paper, because he wanted to take us all to the movies. He saw the new Harry Potter movie playing, and none of us had seen it yet, so we decided on that. We decided to get changed from the clothes we wore to the courthouse for more casual clothes. I wore hiphugger jeans, and a cami covered by my pink Angora cowlneck sweater. I put on a little face powder, covering up the sweater with paper towels, because I didn't want to get face powder all over it. Then I took off my lipstick I was wearing to the courthouse, and put on my light pink lipstick.

We went downstairs, and everybody went out to the car. We headed for the cineplex theater complex to see Harry Potter and the Half-Blood Prince. Daddy got a large popcorn for all of us to share, and sodas. Katie and I just had our sodas, and we let the guys have the popcorn. I almost spilled my drink when professor Snape told Harry Potter that he couldn't use his own book against him because he was the half-blood prince. When the movie was over, we went out and saw people having a time getting out. The cineplex had fourteen movie theaters and mostly they were packed.

When we finally got out of the parking lot, we went home. We talked about the movie on the way. When we got to the house, I went right in the kitchen, and poured myself an orange juice. I sat at the table. Katie came in and asked if everything was alright. I said I was thinking about my examination with Dr. Fitzgibbons.

"It will be alright, sis. She is just going to examine you thoroughly, to make sure that you are physically female. I know you are, because even if you were transgendered, you wouldn't have the thoughts and do the things you do. It will be fine, and I will be there with you."

"I just get worried, is all."

"Well, like daddy said, just be yourself. Answer her questions, and everything will be fine."

"Yes sis, I know, but I still get worried."

"That's why you are such a girl. Men don't get worried about little things like that. We do. You know what, sis. You're going to be just fine. I have a feeling that what we talked about, she is going to find."

"Okay, sis."

The next three days went by very fast. I know I listened in class because I took notes, and I participated, I think. But anyway, Thursday was here, and school just let out for the day. I had told the girls about my examination, and they said that it was kewl, and to let them know what the doctor said. Daddy picked Katie and I up, and we drove to Dr. Fitzgibbons office. We parked in the parking structure, which was free parking, and went to the third floor of the building and to her office. Daddy told the receptionist my name, and she said to be seated and we would be called. It seemed like a long time, and then a lady wearing nurses whites, came out and called my name.

"Kira Spelling," she said with a smile, looking around the waiting room. I got up and went over to her, with Katie following. "Hello Kira," she said to Katie, and we both giggled.

"No ma'am, I'm Kira's sister, Katie, this is Kira," Katie said, putting her hand on my shoulder.

"Well, hi Kira, I'm Debbie, Dr. Fitzgibbons nurse. Just follow me. Are you going to be with her, Katie?"

"Yes Debbie. See Kira is kind of worried and just a tad nervous, because it has been a long time since she had a physical."

"Well, that's fine. Dr. Fitzgibbons likes it when family is involved. Who was the man with you?"

"Our father, Debbie. He is very nice, but we decided I would be with Kira."

"That's good you have a nice father. What kind of work do you do, Katie?"

"I'm an intern teacher at Roosevelt high school. I should have my own classroom next year."

"Well good for you. We need more teachers in this town anyway. Are you from here?"

"Yes."

"Good. We need more teachers, police, and medical people that are from here too. Dr. Fitzgibbons and I were born and raised here too. I went to nursing school at the state university over in the next county, so I just drove back and forth everyday. It was nice though. Alright, Kira, here is the exam room. Go in there and take off your skirt, top, bra, socks and shoes. Leave your panties on. There is a gown over on the exam table, and it goes on backwards. The doctor will be in shortly." She drew the curtain closed around the exam table, and I got undressed. I put the gown on, and sat on the exam table, like Katie told me to.

A few minutes later, a lady that looked about the same age as mom, came in with reddish brown hair and sparkling blue eyes. Yes, she was from here alright. She came in and introduced herself.

"Hi Kira, and you must be Katie, I'm Dr. Sarah Fitzgibbons. Please have a seat Katie, this shouldn't take long at all. Now Kira, I am going to give you the once over as we say, and then I am going to draw five vials of blood from you, so we can test it to see just what your made of. Don't worry, Debbie is very adept at drawing blood. Now I am going to listen to your heart. Okay, everything is fine there, can you take a deep breath, another one, and one more. Now I am going to test your reflexes. Everything seems good there. Now Kira, would you like your sister to leave the room?"

"Why?"

"Because you are going to have to take your panties off for this next part."

"No, she can stay."

"Alright, then, please take your panties off, and step down on the floor." I did, and she put her hand between my legs. "Hmmm, alright now, cough, please. Hmmm. Kira, please get back up on the table, and lie on your back, please." I did, and then she pulled out a long pole, and placed it in one of the holes at the end of the table, and another one on the other side. "Now Kira, I felt something strange when I was going to check you for hernias. Place your feet in these stirrups, please, and don't worry, this won't hurt." She took her index and middle fingers and poked me between the legs, and then she pushed, and it felt like her fingers were inside of me. "As I suspected, you don't have any testicals. What appears to be a sac, is just loose hanging skin." She then examined my penis, or what I thought was one anyway. "There is no penis actually either. To the naked eye this would look like an uncircumsized penis, but it is actually loose skin too. Kira, I am going to send Thelma in and have her do an ultrasound of your groin and abdomen areas. This is going to take longer than I thought. Thelma will be right in. I want the blood drawn first though, so we can test it while you are having your ultrasound. Don't worry dear, it doesn't hurt.

A few minutes later, Debbie came in and she had a tray with five vials on it, and a needle with a tube attached to it. She put something around my upper arm and tightened it, and then started poking around all over my arm. "I'm looking for a good vein to draw the blood from, so let me see, yes, here's a good one. She took a square piece of cloth that smelled of alcohol and rubbed it over the vein, then she took the needle, a butterfly needle she called it, and poked my arm. The blood flowed right into each tube. When she was done, she put a piece of cotton over the needle, and took it out of my arm. "Hold that right like that, Kira." I did, and she put a piece of tape over the cotton taping the cotton to my arm. She left with the blood, and another lady came in with a machine on wheels. It had a screen on it like a computer has.

"Hello Kira, I'm Thelma. Have you ever had an ultrasound before?" I shook my head no. "Well, don't worry, this doesn't hurt, it just feels kinda funny." She took something and smeared it around my groin, and then put the same stuff on this thing that looked like a remote control with a big eye. She started to run the thing all around my groin area, pressing a few buttons here and there as she did so. After about fifteen minutes, she said she was finished with that part. "Now I'm going to do your tummy. Just keep lying still, and don't move." She did the same thing to my tummy that she did with my groin, and kept pressing buttons here and there, twenty five minutes later, she said she was done. "You did really well Kira, here's a towel, just put it in that bag there when you are done, then put your panties back on, and your gown. Have a good day." Then she left too. When Dr. Fitzgibbons came in, she said I could get dressed, and that the ultrasound pictures, and the blood work were not complete yet, and she will call daddy with what she found.

"Dr. Fitzgibbons, could Kira have AIS?"

"You know about AIS, Katie? Wow! I am impressed, because not many people know what that is, but yes, I suspect this is what Kira has. It is a very rare condition, but I am certain that is what the tests will show. Also Kira, your father is going to take you to the hospital where I am going to do minor day surgery. That loose skin between your legs should come off. If I find a vagina there, then yes, Katie, Kira has AIS."

"Thank you, doctor, for being so understanding."

"Oh, no problem. Do you know there are doctors who don't even know what AIS stands for much less what it is? You're going to be fine, Kira. I will see you at the hospital."
 

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End of Part X
 
 
To Be Continued...