Chapter 38
I’m trying to focus on my opening statement and not get distracted by everyone behind me, or the town solicitor and her deputy at the table beside me while we wait for the judge.
But that becomes next to impossible when I hear Lucas's little gasp and the sound of his voice. “Why so many?”
Peeking over my shoulder, I don’t know what he’s talking about at first, all I see are the courtroom doors open and an officer step through. But this is a courthouse. Of course there are police in and out of here all the time.
But then comes another.
And another.
I turn completely in my seat when Silas walks through, flanked by more town police. He keeps his eyes steady on me as he and his buddies in uniform walk up the aisle, before they turn and sit down.
On the plaintiff’s side of the courtroom— our side of the courtroom.
Silas gives me a small nod, one I’m grateful for, while the town solicitor to my side burrows holes into my head with her eyes.
“All rise.”
The force with which I stand practically sends a gust of air that leaves my papers fluttering.
“The honorable Judge Pearson presiding,” the bailiff announces.
My eyes follow the white-haired man as he walks through the door in the front corner of the courtroom, his black cloak floating around him.
“Good morning,” Judge Pearson greets from his desk, putting on a pair of thin-framed, silver glasses. “You may sit. Let me get settled.”
I barely hover over the seat and my quads start to shake as I wait for the judge to flip through the complaint.
“Right. An interesting one on the docket. Jones VS. Oceanside Police Department in a Writ of Replevin.” With his head still tilted down he lifts his eyes, looking at me. “You represent the plaintiff?”
I shoot up. “Riley Monroe, sir. Yes, representing the plaintiff, Mrs. Harper Jones, trustee of—”
Judge Pearson holds up a hand, cutting me off. His eyes turn to the table beside me. “And Ms. Cristoff, solicitor for Oceanside. Good to see you again.”
Great.
The town’s attorney stands. “Good morning, your honor.”
Judge Pearson is rattling off a slew of information for me to verify, like Harper’s full name, her address.
“And to clarify. The property in question today”—he pauses, narrowing his eyes before sitting back in his chair—“is a dog ?”
I swallow. “Yes, sir. Domesticated animals are considered property under—”
“Mr. Monroe, while I appreciate your eagerness, I don’t need to be reminded about California law.”
Heat rises up my neck.
Judge Pearson continues, “Now, what I see here is that the property at hand is a police K9, is that correct?
“Yes, your honor,” Cristoff stands. “K9 Cruz has been an active police K9 for the past seven and a half years.”
“And the plaintiff is not a current or former employee of the police department, is that correct?” he addresses me.
I nod. “Yes, your honor. Ms. Jones is the widow of Officer Nathaniel Jones, the former handler of Tides. ”
I won’t call Tides by any other name than the right one, especially with Lucas behind me.
“He was the handler. Under K9 handler contracts, specifically that of Officer Jones’, police K9s retire with their handlers if they fall into the retirement age window of seven to eleven years. The dog we’re talking about is eight.”
Cristoff beside me clears her throat. “Your honor, if I may. We’d first like to express our sincerest sympathies to the plaintiff for her loss. But it must go on record that K9 Cruz was handled by another officer—”
“For five weeks,” I interrupt. “Out of almost a decade of service.”
The judge raises his hand again, reminding me of my father’s lectures growing up. “Mr. Monroe, I’ll give you a chance. Continue, Ms. Cristoff.”
“Police K9s are allowed to retire with their handlers provided they haven’t been successfully handled by another officer before. K9 Cruz was handled successfully several years ago. He’s a healthy animal capable of working. Under the contract, the police department exercised its right within the established ninety-day window to seize its property.”
Judge Pearson sits back in his chair. “I suppose you have something to say, Mr. Monroe.”
“Yes, your honor. I…” I press my tie against my stomach and look down at my notes. But what do I see? A bunch of combination of words that make no sense to me, and beside them, Lucas's superhero. Running my hands over my papers, I see them shaking, fingers growing red with heat.
I reach up, slipping my finger into my collar to get more air, finally taking a deep enough breath and look back at Lucas who offers me a thumbs up from his place beside Harper. And then I shake my head at my sister because I’m about to do everything she told me not to.
I pick up Captain America, turning him in my hands, knowing what I need to do. And when I speak from my heart, the nerves taper down into nothing.
“You know, your honor, it felt wrong to file a motion for you to issue a Writ of Replevin.” Out of the corner of my eye I see Cristoff turn. Her stare bores into me, but I continue. “Because even though the law and the town consider a dog property, my client doesn’t. I don’t.”
Judge Pearson sits back in his chair.
“That dog served this town and community, just like his former handler did. Officer Jones also served his country in the Marine Corps before becoming a police officer. But do you know who supported him in his honorable service? His family . His wife and young son who already lost one family member they can never bring back. The police department says they have K9 Cruz in their possession but if you ask my client and her son, they took Tides away from them. He’s another member of their family. But the difference is, he can come home. Officer Jones cannot.
“And, as Ms. Cristoff so clearly said, Tides is capable of working. Working for him doesn’t always mean being on patrol and on the clock. For him, working also meant taking care of his family. It’s part of his identity. I’d argue it’s detrimental to Tides’s mental health to be separated from his family long term. So yes, I ask you to come to your decision based on the contract and the welfare of the dog.”
Judge Pearson’s bushy, white eyebrows pop. “The welfare of the dog?”
“Yes.” My fingers loosen around Lucas's toy and I return both my hands to my side. “The dog’s identity is derived from service with his handler, who is no longer with us, and the people who raised him, who are sitting behind me. ”
Judge Pearson says nothing. His eyes drift behind me and they linger longer than necessary. I know he sees Silas and the other officers sitting behind Harper and Lucas. Finally he retracts his gaze.
“Ms. Cristoff, has the dog been assigned a new handler?”
She clears her throat. “Initially, your honor—”
“A simple yes or no will do, Ms. Cristoff.”
She sighs quietly. “No. K9 Cruz is unhandled at the moment.”
“And has been since he’s been returned to the police?”
“That’s correct, your honor.”
I can feel the annoyance seeping out of her.
Judge Pearson folds his hands. “And if he doesn’t have a current handler, and he’s not with his previous handler’s family, where is he, Ms. Cristoff?”
The town solicitor clears her throat. “He’s been boarded in a kennel, your honor, until a new handler is secured.”
From behind me I hear Harper gasp and Lucas whispering and my heart fucking hurts because I know he doesn’t understand what that means and I know Harper is trying to think of a way to explain.
“Since he’s been taken back into police custody?” Judge Pearson asks.
Cristoff clears her throat. “Yes.”
Judge Pearson sits back in his chair. “I see.” He picks up a pen before placing it down. “Mr. Monroe, is your client in the court room today?”
I’m taken a back. “Y-yes, your honor.” I turn, holding an arm out and motioning Harper to come through the partition.
“Ms. Jones?”
Beside me, Harper nods. “Hello, your honor.”
“Ms. Jones, I’d like to express to you directly my sympathies over your husband’s passing. And, I’d like to thank you for his service.”
I can hear Harper swallow. “Thank you, your honor. ”
“How old is your son, Ms. Jones?”
“He’s eight.”
“And what’s his name?”
Harper clears his throat. “Lucas.”
“That’s a nice name for a young man,” Judge Pearson says. “I’d like to ask a favor, and you are well in your parental rights to say no. That will have no bearing on my ruling today.”
I furrow my brow and Harper lifts her head to me before answering, “Um, yes, of course.”
Judge Pearson raises his head, looking behind us at the gallery. “If it’s alright with you, I’d like to talk to your son.”
“Excuse me, your honor, this is not family court—”
“I’m well aware we aren’t in family court, Ms. Cristoff. I’ll remind you, though, you are in my court.” The judge turns his attention back to Harper. “Ms. Jones, again, you can deny my request or take a moment to consult with your attorney.”
I look down at Harper and see her biting her lip and turn briefly to look at Caroline who has Lucas in her lap. She shrugs which doesn’t give me much to go off.
I lean down and whisper to Harper, “Your call.”
Harper takes a deep breath. “With all due respect, your honor, you’d have to ask Lucas if he’s comfortable speaking with you, not with me. If he consents, so do I.”
“Forgive me,” he chuckles. “Mr. Lucas Jones?”
Lucas slides off Caroline’s lap and walks through the partition, pushing into the small space between Harper and me. “Yes, Mr. Judge?”
“Would it be alright if you and I talked for a few minutes?”
Lucas looks up at me.
“You don’t have to,” I tell him.
“But you can if you want to.” Harper places a hand on his back.
Lucas lifts a hand, taking the action figure off the table. “Okay. I’ll talk.”
“I think you guys won,” Finn says, leaning forward from his place in the front row before asking Caroline, “don’t you think?”
My sister has never been one to lie to make me feel better. “Lucas isn’t really relevant to the case. It could go either way. They technically are in violation of contract, but for all we know they could assign Tides a new handler before Lucas even comes back out.”
Harper lets out a heavy sigh.
“It’s alright. He’ll be fine,” I whisper before nudging her with my arm, as professional as I can keep it at the moment. It’s taking everything in me to not tug Harper into my arms. “ Everything will be fine.”
Nodding, Harper appears only a smidge more convinced, unable to keep her eyes from darting back to the door Lucas walked through with the judge.
“Maybe I should’ve said no.”
“You let him make the decision for himself. I know you don’t want to hear it, but we all have to grow up one day.” I lift my arms. “See? Even me,” I try to joke.
Laughter at my expense isn’t something Harper is interested in buying at the moment and I sigh when she looks away.
“You can’t protect him forever, Harper.”
There’s so much more there than wanting to protect Lucas from the harshness of reality, to keep him a kid for a little longer. But we’re here because Lucas was forced to grow up too fast. He already knows how unfair the world can be.
I watch Harper’s throat swell with a swallow. “Nate used to tell me that.”
“Yeah, well,” I begin. “Then I’m happy to be the reminder. And whatever happens.” I step closer, as close as I possibly can without setting off some sort of ethical alarm in the courtroom “He’s always going to need you. ”
But now it’s Harper’s turn to do the reminding.
“Us,” she corrects me. “Lucas is always going to need us .”
Harper could say this to me every day and I’ll never get tired of hearing it. It never will stop sounding like a victory, no matter the circumstances, even if we lose today.
The door leading to chambers opens and the bailiff appears, announcing Judge Pearson’s return. Unlatching the door of the partition, I guide Harper back to our table. By the time we reach it, Harper lets out a sigh full of relief when Lucas walks out of the door, superhero in one hand, and an unopened lollipop in the other. He crosses the room quickly, sliding back between Harper and me.
Keeping a tight hold on the lollipop, Lucas passes Captain America back to me with a smile.
I look down at the toy. Something tells me I won’t be needing the extra help today.
“I’d like to remind both parties I’ve been instructed to issue a Writ of Replevin, which has to do with ownership , and the property at hand is a police K9 currently in possession of the Oceanside Police Department, as, according to the contract signed between the late Nathaniel Jones and his former employer, he legally should be.”
My stomach drops. Shit .
Judge Pearson clears his throat. “However, what K9 Cruz should also be doing, according to the contract”—he pauses, lifting a piece of paper and taping it—“is working . And it’s my understanding, based on the paperwork submitted, that working for a police K9 includes, but isn’t limited to the following: pursuing and apprehending fleeing suspects, detecting drugs, explosives, assisting in the location of missing persons, et cetera, et cetera.”
I take a deep breath as I watch Judge Pearson place Nate’s contract down, leaning forward on his arms.
“It’s my understanding, based on my discussion with Mr. Lucas Jones.” Judge Pearson’s face softens. “That Tides does a lot of work at home even on his off hours, isn’t that right, Lucas?”
Lucas looks between me and Harper before answering. “Yes, sir.”
“Can you tell the court what you told me in my office?” Judge Pearson asks. “What type of work does Tides do at your house?”
“He takes care of us. One time he saved me. And my mom.”
Judge Pearson nods and begins to speak but Lucas continues.
“And sometimes he digs holes in the backyard and gets in trouble.”
The only person who doesn’t laugh in the courtroom is the town solicitor.
“Yes, well, Tides is still a dog even if he’s a police officer.” Judge Pearson sits back, reaching for a pen. “It seems to the court that, contractually, the town of Oceanside is entitled to possession of police K9s provided they are working . And since, for the period in question, Tides has been with no handler and unable to do none of his responsibilities, the claim of ownership presented by the town today is void .”
I swear, for a moment, I feel the need to ask the judge to repeat what he said, because I almost don’t believe it. But then I turn to Harper who is wide-eyed with a smile on her face. And her? I believe in her.
Just like she believed in me.
“Your honor—” The solicitor rises immediately only to sit back down when Judge Pearson continues.
“I doubt that the taxpayers in this community would be thrilled to hear that money is spent and has been spent simply to keep Tides in possession without reaping any of the benefits, Ms. Cristoff. At the moment, the property in question is not an active police K9. Therefore, it’s the will of the court that the property is returned to its rightful owner, the beneficiary of Nathaniel Jones’s estate, Harper Jones.” Judge Pearson lowers his gaze. “And Lucas, of course, provided you promise to help your mom take care of Tides and make sure he doesn’t dig too many holes in the backyard.”
“Yes sir!” Lucas nearly screams. “I promise.”
Judge Pearson nods. “Good. Now, Ms. Cristoff, the standard Writ of Replevin typically involves alerting the county sheriff’s department to assist with returning the property. Given the defendant is the police department , I trust I won’t need to alert them, would you agree?”
I wait for the solicitor’s response that comes after a heavy sigh. “Of course, your honor, the police will comply with your ruling.”
“Any issue with that from the plaintiff, Mr. Monroe?”
“No, your honor. We trust the police department to do the right thing.”
Judge Pearson stacks his papers. “Then I trust they’ll return Tides to the address of the plaintiff by 8 p.m. this evening without the sheriff’s assistance. Thank you everyone for cooperating and making my job easy.”
Judge Pearson rises from the bench and heads back into his chambers.
“We’ll need a few hours to arrange transport.” The solicitor’s voice comes from beside me and I turn to find her holding out a hand. “Congratulations, counselor.”
It takes a minute for me to realize it’s me. I’m the counselor. I’m the lawyer who just filed his first complaint and won.
“Thank you.” I shake her hand before she walks through the partition and out of the court room.
There’s a tug on the back of my suit jacket. “Riley,” Lucas whispers. “Riley, you did it. Tides gets to come home now.”
My eyes find Harper’s beyond him, filled with relief and the slightest sheen of unshed tears. As it was before when I wanted to hold her hand, it’s hard now to look away. But I do, bringing my attention to Lucas, who I lift into a hug before tugging Harper by the hand so we hug him together.