Theodore Boone: The Accomplice

Chapter 16

On Tuesday morning, Theo stood in front of his locker with a looming sense of dread. He was tired because he’d stayed up the night before reading legal articles on America’s broken bail system. The more he read the more frustrated he became and he couldn’t go to sleep. Sometime after midnight he finally dozed off, with his laptop still open.

A soft voice behind him said, “Um, Theo.”

He turned and found a slight, dark-haired boy he didn’t know. The kid was immediately uncomfortable, switching his weight back and forth as he struggled to find words, and glancing around. He was either frightened or intimidated.

“What’s up?” Theo said. He recognized the boy as a seventh grader but did not know his name. He was holding a piece of paper that at first glance did not appear to be anything related to schoolwork.

“I’m Roger, and the police gave this to my mother last night before they took him.” He sort of shoved the paper at Theo, who took it and with one glance recognized the problem.

“A Rule Three Summons,” Theo said. “For Animal Court.”

Roger said, “I hear you’re good at handling these cases.”

“What’s the name of the defendant? I’m having trouble reading this.”

“Rufus, our pet rabbit. He’s a French Lop.”

Okay, thought Theo. In his Animal Court career, he had been involved with two dogs, including Judge, a spitting llama, fainting goats, a delinquent parrot, and an otter that feasted off fat goldfish. But never a lop-eared rabbit. “Says here the infraction is for a ‘recurring nightly disturbance.’ Any idea what that might be?”

“No clue. Our family lets Rufus roam free in the house. My parents don’t believe in caging animals. He has a pet door to the back patio. Sometimes we don’t see him for a few hours but he always comes home, especially when it’s time to eat. He’s a good rabbit, Theo, a member of the family. We’ve had him for five years. What’re they going to do to him, Theo?” His lip quivered and his voice cracked and Theo was afraid the kid might start bawling right there in the hallway. It was obvious that Rufus’s arrest had rocked him and probably his family.

“Well, it depends on what’s proven in court. If Rufus is found guilty and considered a public threat or nuisance, Animal Control can keep him.” And they can also put the rabbit to sleep forever, but Theo wasn’t about to go that far. Roger was obviously fragile and couldn’t take such dreadful news.

“He’s just a lop-eared rabbit, Theo, not a dangerous animal,” Roger said, his voice rising. “None of this makes sense.”

“Look, it says that the hearing is today at four o’clock in Animal Court in the courthouse.” Theo knew he had little time to prepare. He also knew what Roger was about to ask.

“Will you take the case, Theo? Everyone says you’re the best in Animal Court. They say you’ve never lost a case there.”

Theo’s chest swelled with pride. The truth was that his record in Animal Court was six wins and no losses, though no one was keeping score but him. He certainly couldn’t brag about it because none of his friends would understand. Few of them had ever heard of Animal Court.

It was impossible to say no. His parents believed that a big part of being a lawyer was using your position to help those in need, regardless of their ability to pay. At the age of thirteen, and still without a license, Theo couldn’t exactly charge for his services, so he never worried about the fee part. It would be cruel to leave poor Rufus detained by Animal Control while Roger and his family worried themselves sick over their beloved rabbit.

He gritted his teeth, looked Roger squarely in the eyes, put a hand on his shoulder, and said, “Okay, I’ll do it. See you there at four o’clock.”

Theo entered the courthouse basement room reserved for Animal Court at ten minutes before four p.m., and found a sparse gathering, which was a relief. In the past some of his cases had attracted big crowds and that added pressure. As much as he dreamed of the courtroom, when the trials actually arrived he always preferred smaller crowds. He had a knot in his stomach, as always. He’d once heard an old lawyer say: “If you’re not nervous in a courtroom, then you’re in the wrong place.”

The courtroom was divided in half by a center aisle, with rows of folding chairs on both sides. In the front row, Theo saw Roger and went to greet him. Roger was with his mother, a nervous-looking woman with short blond hair in a weird green T-shirt.

They were relieved to see Theo. Roger said, “This is my mother, Alice Kerr.” She squeezed Theo’s hand as if she were drowning and said, “Theo, it’s a pleasure to meet you. Roger says Rufus is in good hands.”

“Thanks. I’ll do my best.”

“They won’t...” She placed her hands rather awkwardly over Roger’s ears and continued, “Put him to sleep, will they?” Roger squirmed and hissed, “Mom! Come on!”

“It’s unlikely,” Theo said in a low voice as he tried to ignore the little drama. “I’ve never seen it happen. The judge has to find that the animal is a persistent and continuing threat to the public and that nothing else can be done.”

As he talked, he noticed a young curly-haired woman walking down the aisle with a stack of folders under her arm. She was dressed professionally and had an important air about her. Theo had seen her a couple of times around the courthouse and figured she was the newest hire in the District Attorney’s office. Jack Hogan usually sent his rookies all the way down to Animal Court to get their feet wet with easy trial work. She set her stack of paperwork down on the flimsy table used by the prosecution and opened a file as if preparing for major litigation.

Theo nodded and Roger and Alice stepped forward with him to the defense table. The rookie walked over, stuck out her hand, offered a big smile, and said, “I’m Brittany Collins, with the DA’s office.”

Theo shook her hand and said, “I’m Theodore Boone, for the defense.”

She was amused by the size and age of her opponent, but kept smiling. She was very cute and Theo liked her immediately. “And you represent who?” she asked.

“Rufus the rabbit. The first case on the docket.”

“Ah, of course. This little guy has caused quite a stir in town.” Brittany turned and nodded toward the spectators. An impressive crowd was suddenly gathering in the seats behind the prosecution’s table. Whatever Rufus had been doing had evidently ticked off a lot of people. And they were still filing in.

Great, thought Theo. The whole courtroom was against him.

It suddenly hit Theo that he was completely unprepared, a cardinal sin for a trial lawyer. He had not had the time during the day to meet with his client and gather evidence. On top of that, Animal Court did not permit discovery and was often a trial by ambush. Often there were no lawyers at all, just parties representing themselves as they argued over barking dogs and stray cows.

Brittany flashed another cute smile and said, “Take it easy on me today, Theo.”

“Uh, what do you mean?”

“I hear you’re a killer in Animal Court.” She winked and flitted away, and Theo couldn’t think of anything to say. He glanced again at the crowd and noticed that most were well-dressed. Animal Court often attracted a lower end crowd, rougher folks who didn’t hire lawyers and had more problems with their animals.

Theo swallowed hard and wondered what he’d gotten himself into. Rufus seemed like a run-of-the-mill Animal Court case. He’d tried a half dozen of them, but now he had a case he hadn’t prepared for and he was dealing with a cute assistant DA who made him nervous. Theo had learned from his parents not to trust the pleasant chatter of lawyers before the real action, whether in trial or in negotiation. Every lawyer has a job to do, and just because one is chatty beforehand doesn’t mean he or she will not pull every trick possible to prevail. Brittany’s charm worried Theo. She would no doubt catch the eye of Judge Yeck.

Theo returned to his seat next to Roger and his mother and whispered, “Any idea why all of these people are here? Tell me now so I won’t get blindsided.”

Alice shook her head. No.

Roger said, “Not really. All we know is that Rufus is always sound asleep when we go to bed, but in the mornings he comes in covered with dirt and briars. I have to bathe him every morning. He goes roaming at night, but we have no idea where.”

“Great,” Theo mumbled.

An Animal Control officer standing by the bench yelled, “Keep your seats. Animal Court is now in session. The Honorable Sergio Yeck presiding.”

Judge Yeck ambled through a side door and took his seat behind the rickety bench. As always, he wore jeans and cowboy boots, no robe whatsoever. He was a local lawyer with a colorful history and the only lawyer in town who had agreed to serve as a part-time judge in Animal Court. He liked to grumble about the job, but his friends knew that he secretly enjoyed it.

“Good afternoon, Ms. Collins,” he said with a wide smile.

“Good afternoon, Judge,” she replied. It was immediately obvious to Theo that these two had met before. He knew from experience that Judge Yeck had an eye for pretty ladies.

“And always good to see you, Theo,” he said.

“Thanks, Judge. Always nice to be here.”

His Honor looked at his docket and said, “So our first matter is the detention of Mr. Rufus the Rabbit. Theo, I assume you are representing the Kerr family, the owners of Rufus.”

Without standing, Theo nodded and said, “Yes, sir.”

“All right, Ms. Collins, you get to go first. Let’s hear it and please keep it brief.”

Brittany stood rather professionally with a yellow legal pad, though standing was not required. She began, “Well, Your Honor, there are numerous complaining parties. It seems as though every night for the past two weeks the entire neighborhood along Oakleaf and Market Streets comes to life with a loud and prolonged chorus of barking dogs. House dogs, yard dogs, stray dogs, all dogs become extremely agitated and bark and howl for hours, as if on cue. The racket goes on and on and no one is getting any sleep. These people, many of whom are here in the courtroom, are exhausted, and they are fed up.”

Theo glanced over his shoulder, a mistake. The courtroom was packed with folks who looked tired and fed up.

“About what time does this show begin each night?” Judge Yeck asked.

“It’s really strange, Judge. It starts at precisely midnight, under clear skies or under clouds. At the stroke of midnight the dogs seem to go nuts. A house pet can be sound asleep until he hears a distant bark, then he or she goes crazy. It spreads quickly throughout the neighborhood and all the lights come on. Everybody’s awake.”

“You have a witness?” Judge Yeck asked, gazing at the packed courtroom.

“I have at least twenty.”

“Well, we don’t need twenty. I think I already get the message. Pick your best two and let’s hear them.”

“Okay. The City calls Ms. Emma Dofield.”

Ms. Dofield stood and hustled to the front. She was a pleasant-looking lady of about fifty. She stopped in front of the bench, raised her right hand and swore to tell the truth, then took a seat in a folding chair.

Brittany simply said, “Now, Ms. Dofield, please tell us your story.”

The witness couldn’t wait. “Well, you’ve already heard what we’re going through. It’s terrible. We’re exhausted. The dogs are all acting weird, and not just at night. We had to take Leo to the dog shrink.”

Judge Yeck leaned in and said, “Excuse me, who’s Leo?”

“Our dog. He’s a Lagotto.”

“A what?”

“A Lagotto. An Italian water dog.”

“Of course. And he went to the shrink?”

“Yes, sir. He’s a bit neurotic to begin with, but a very sweet little guy. He’s been so upset with all this that we had to put him on antidepressants.”

“Anyway.”

“Anyway, two nights ago I was awake at midnight, sort of waiting for the fireworks, and sure enough things erupted on time. Leo, who’s a bit groggy these days but nonetheless still alert, ran to the window in the breakfast nook and started barking at the patio. I eased to a window in the den, and in the shadows I saw a rabbit. A big rabbit. He jumped onto our deck, which is made of wood, and started thumping his back foot real loud. He did this little dance in a circle, thumping like crazy, rattling the boards, and driving Leo even crazier. There were no lights on our patio so I turned on the floodlight, but the rabbit had vanished. I turned it off, waited and waited, and sure enough he came back. I could make out his silhouette in the shadows. He started thumping again, real loud, but when I reached for the light, he vanished again. It was like he has a sixth sense and knows when the lights are about to come on.”

Brittany asked, “So, can you describe this rabbit?”

“Well, sort of. He’s big, bigger than any rabbit I’ve ever seen, and he has these really floppy ears.”

Brittany turned to Theo and said, “Your witness.”

Theo was on his feet, holding his yellow legal pad like all lawyers. He smiled politely at the witness and said, “Now, Ms. Dofield, you’re certain this rabbit is a male.”

“Uh, well, uh, to be honest, I don’t really know.”

“But you have repeatedly referred to the rabbit as ‘he’ and ‘him.’ Correct?”

“Sure, but I guess that’s just a habit.”

“Fair enough. You don’t know the gender. Do you know its color?”

“Beg your pardon.”

“Ms. Dofield, you said it’s very dark on your patio and there’s no light. You saw a silhouette in the shadows. Is the rabbit white, gray, brown, black, yellow, spotted? Please describe this rabbit.”

“Well, I would say dark.”

“Dark gray, dark brown, black?”

“I really don’t know for sure.”

“Okay. According to the Atlas Register of Animals, there are about ninety different breeds of rabbit. What kind of rabbit are we talking about here?”

“Oh, I have no idea.”

“No further questions, Your Honor.”

“You may return to your seat,” Judge Yeck said with a smile. He wanted to wink at Theo but that would not have been professional. “Call your second witness,” he said.

Brittany stood. “The City calls the Honorable Frank Pendergrast.”

Theo almost fainted. He felt as though he’d been in Youth Court every day for the past month lobbying Judge Pendergrast on behalf of Woody and Tony. Now he was supposed to cross-examine him?

And how fair was a trial when one of the witnesses was a well-respected judge? Theo wanted to object to his testimony but could think of no good reason. Plus, he knew Judge Yeck was going to allow his colleague to testify anyway.

After he took his oath and had a seat, Brittany wasted no time. “Judge Pendergrast, you are one of three neighbors who signed the complaint. Would you explain why?”

“Sure. Just like Ms. Dofield said, this has been going on for about two weeks. My wife and I have a bloodhound named Barney who sleeps downstairs and he’s been very upset. You ever heard a bloodhound howl indoors at midnight?”

“No, sir, don’t think so.”

“Well, it’s something to remember. Last Sunday night I hurried downstairs and I was sitting with Barney, trying to settle him down. I could hear dogs barking for miles around it seemed. I saw something on the patio that I first thought was a big rat. We’ve had a problem with them. I reached for a light, turned it on, and the thing vanished, just like that. No sign at all. I turned the light off, waited, and then I heard this thumping sound on the patio. Barney went nuts again. I eased to the window and caught a glimpse of the varmint. It wasn’t a rat, it was a rabbit, a huge rabbit with brown fur and big hind legs. He was thumping away, turning in a circle like some kind of war dance. I reached for the light again, flipped the switch, but he was gone.”

“Then what happened?”

“I turned the light off and waited, but he had moved on. Barney was agitated for the rest of the night and I could hear dogs barking throughout the neighborhood.”

“What did you do then?”

“Well, as you might guess, these escapades have caused quite a stir in our neighborhood. Fred Koger lives four doors down and he knows the Kerrs, who live about three blocks away. He had seen their rabbit, this Rufus character, and he knew that the Kerrs allowed him to run free at night. They supposedly have a pet door and don’t believe in caging their animals. We put our heads together and decided to notify Animal Control. Here we are.”

Brittany said, “Your Honor, at this time I’d like to bring in the defendant.”

Judge Yeck said, “Sure, bring him in.”

An Animal Control officer opened a door, disappeared, then came back with a large cage which he set on a table under the bench. Everyone stretched their necks to get a look at the criminal. Rufus chewed on some kale leaves, seemingly unconcerned.

Brittany pointed at him and asked, “Now, Judge Pendergrast, is this the rabbit you saw on your patio two nights ago?”

“I believe so, yes.”

“Thank you. I tender the witness,” Brittany said and took her seat.

Theo rose slowly, horrified that he was expected to cross-examine a judge he had great respect for. Plus, he was a nervous wreck because the courtroom was now packed. Even more, he was just a thirteen-year-old kid fighting a bunch of adults.

He smiled at the witness, and Judge Pendergrast smiled back because it was, after all, sort of cute to be facing a kid lawyer.

Theo swallowed hard and plowed ahead. “Judge Pendergrast, according to your testimony, your patio is dark at night, correct?”

“That’s right.”

“And in order to have lights you have to flip a switch from the inside?”

“Yes.”

“So it was around midnight, it was dark, and you saw something on your patio?”

“That’s what I said, Theo.”

“Would you please look at Rufus? Would you agree that his fur is light brown with a few white spots, and that he is quite large for a rabbit?”

“I suppose so.”

“And would you agree that he looks nothing like a rat?”

“No, he doesn’t, but that was just my first impression. I got a better look a few minutes later.”

“In the dark?”

“Well, yes it was dark.”

“In fact, you never saw the rabbit with the lights on?”

“I did not.”

“And for the past two weeks you’ve been exhausted and not sleeping much. Could that affect your eyesight?”

“Maybe, but it didn’t. I saw that rabbit, Theo. I’m sure of it.”

“Okay. Judge, do you know how many other rabbits are kept as pets in your neighborhood?”

Judge Pendergrast sighed as if frustrated with the entire episode. And it was a bit demeaning for such an important judge to be sitting down in the basement in Animal Court and getting roughed up by a thirteen-year-old.

“No, I don’t know. Do you?”

“I’m asking the questions, Your Honor. Is Rufus the only rabbit in the neighborhood?”

“I do not know.”

“Thank you, sir. I have no more questions.”

Brittany jumped to her feet and said, “I have just one more, Your Honor.”

“Go ahead.” Judge Yeck was already bored with the case.

Brittany said, “Now, Judge, you and the others signed the complaint Monday morning, and Rufus was taken into custody, right?”

“That’s correct.”

“Any noise last night?”

“Not a peep. Everyone slept well for the first time in two weeks.”

“The City rests its case, Your Honor.” She sat down and Judge Pendergrast returned to his seat in the rear of the crowd.

Judge Yeck looked at Theo and said, “For the defense?”

Theo said, “Well, yes, Your Honor, the defense calls Ms. Alice Kerr.”

She swore to tell the truth and took the stand. Before she said anything she looked at the cage as if she might cry.

Theo plowed ahead. “Now, Ms. Kerr, are you the owner of this rabbit?”

“Well, uh, yes I guess. He’s owned by our family.”

“Tell us a little about Rufus.” Theo thought it might be important to learn a little about the animal before Judge Yeck decided whether or not to put it down.

She offered a goofy smile and said, “Oh, he’s just marvelous. Rufus is a French Lop, lop-eared, of course, as you can see, and he’s quite large for the breed. Most weigh between ten and fifteen pounds, but Rufus is pushing twenty. Eats all the time. We bought him one Easter maybe five years ago and the kids have sort of grown up with Rufus. He’s a member of our family.”

“And where does he stay in the house?”

“All over the place. He has a small bed in the washroom next to the dryer, and that’s where the kids feed him, but he roams as he pleases.”

“Can he leave the house whenever he wants?”

“I suppose. We have a small pet gate in the kitchen door so he can go into the backyard if he wants. He does it all the time, especially in warm weather.”

“Is the backyard fenced in?”

“It is, of course. Rufus is always confined. I’ve never known him to roam the neighborhood like these people are saying.”

“Can he jump over the fence?”

“Oh, I don’t think so. I’ve never seen him do that. He’s very well behaved.”

“During the past two weeks, have you noticed anything unusual about Rufus?”

“Well, yes, to be truthful, we’ve...”

“Please be truthful, Ms. Kerr,” Judge Yeck said. “You are under oath, remember?”

“Yes, sir. We’ve noticed that first thing in the mornings Rufus has been covered with dirt, mud, and briars. We checked the back fence and found no way for him to escape, but I just don’t know. We’ve had to bathe him every morning.”

Suddenly, Rufus came to life and began pounding the floor of his cage with a hind leg. The cage shook and rattled loudly and began rocking itself toward the edge of the table. Rufus appeared frantic and distraught and began pawing at the cage door with his front feet. He wheezed and sort of shrieked as if he wanted to bark or howl but wasn’t sure how to go about it.

Ms. Kerr was alarmed and exclaimed, “Poor thing. He’s so upset. He’s never been in a cage before. See what they’ve done to him.”

Rufus turned his rear to the courtroom, froze for a second, and passed gas, not loudly, but in a potent concentration. The odor was instant and strong and when he was finished he began pounding the bottom of the cage again.

Judge Yeck snarled at the Animal Control officer, “Take him away.” The poor guy approached the cage timidly, lifted it, and rushed Rufus away from the bench, through the door, and out of sight.

The odor lingered for a moment. Judge Yeck had had enough. “You finished, Theo?”

It was more of a command than a question and Theo said, “Yes, sir.”

“Cross-examination, Ms. Collins?”

Brittany stood and wisely said, “Judge, I think we’ve had enough. I’d like to propose a settlement here to avoid the sticky issue of putting down Rufus. The City really doesn’t want to do that, not at this time anyway.”

“Oh, thank goodness!” Ms. Kerr said from the witness chair and covered her mouth with both hands.

Judge Yeck said, “Ms. Kerr, you may return to your seat. Let me see the lawyers up here, please.”

Theo strutted to the bench as if he’d been trying cases for twenty years. Brittany smiled at him and said, “After you.” They stepped to the bench and Judge Yeck leaned down low. In a whisper he said, “I’m going to spare his life, this time, but next time I’ll order a firing squad.” He smiled at his humor. The lawyers did not. He waved the air in front of his face as the last of the odor slowly evaporated.

Yeck continued. “There must be a simple way to keep this rabbit in the house at night, right, Theo? Can’t they just lock the pet door?”

“I don’t see why not, Your Honor.”

“Sounds simple to me,” Brittany said.

Judge Yeck looked at the crowd and said, “Okay, this matter is resolved. I am ordering Rufus the Rabbit to be returned to his owner immediately. And he will be on probation. I am ordering the Kerr family to keep this rabbit indoors during the night, every night, and if he gets out again and torments the neighbors’ dogs, then I will have no choice but to order his arrest and extermination. Do you understand, Ms. Kerr?”

She was still crying, but she wiped her cheeks and nodded. Yes.

“Any questions, Theo?”

“No, sir. And thanks, Your Honor.”

The crowd hurried out. Most of the neighbors seemed relieved that the defendant would now be kept under lock and key. Rufus was handed over to Roger and Ms. Kerr, who cuddled him like a newborn.

Outside the courthouse, they thanked Theo and congratulated him over and over.

As he rode away on his bike, he couldn’t help but whisper proudly: “Seven wins, no losses.”