Part  Twenty-One :Testimony/Calm

Arlington County Courthouse

Office of the Commonwealth's Attorney

Thursday, February 15, 2001

11:30 AM

"If you'll just have a seat, Mr. and Mrs. Stetson," the receptionist said. "Mr.
Dutton will be with you shortly. Can I get you anything to drink?"

"No, thank you--we're fine." The receptionist left, closing the door softly
behind her. Lee and Amanda sat on the sofa facing the desk.

"How did it go with the school?" Lee asked.

"Pretty well," Amanda replied. "Getting her excused from school this morning was
no problem--the assignment was a little more difficult."

"Difficult how?"

"Well, first I tried talking to Jenna's teacher."

"You mean Mrs. Taitz."

Amanda made a face. "That's the one. Lee, that woman--I swear--"

"Yeah--Jenna was telling me about her," Lee said. "So what did she have to say?"

"At first she said that she couldn't make an exception for Jenna alone--that
while the circumstances were 'unfortunate', she wanted me to remember that she
had other children to consider."

'I'll give her 'unfortunate,' ' Lee thought grimly."What happened next?" he
asked.

Amanda paused. "Well--"

"What?"

"Usually I don't lose my cool, Lee, but when it comes to my children's safety,
I--"

"I know." Reaching over, Lee squeezed his wife's hand.

"It's just the way she said it, you know? That condescending tone of hers--it
really got to me."

"Amanda--just tell me what you said."

"I asked her how many of the other children have had a panic attack from seeing
their kidnapper on the news--and I told her that Jenna had nearly gone into
shock--how I very nearly had to call an ambulance."

"Yeah--and?"

"Then she had the nerve to say that Jenna didn't have any problems--that if we
just ignored it and quit 'overindulging' her--all of the problems would just go
away."

"Overindulging her?" Lee repeated incredulously. He had half a mind to go down
there and give Mrs. Taitz a piece of his mind.

"Her words." Amanda's voice shook slightly, her hands clenching in her lap. "She
just--she has absolutely no idea. I had to hang up before I said some things
that I might've regretted."

"Oh believe me, I wouldn't have regretted it." Lee said. "So, does that mean
that Jenna still has to do the assignment? That's just not possible."

"No, that's not what it means," Amanda said. "I went over Mrs. Taitz's head and
spoke to the principal--he said that he would make sure that Jenna was able to
do an alternate assignment. Lee, I hated to do it, but I'm not having Jenna go
through a repeat of what happened last night--not if I can help it."

Lee remembered the things that Jenna had told him about her teacher. "This
woman--she won't take it out on Jenna, will she?"

"Oh. she better not. But just in case I also put in a request to see if I could
have Jenna switched to another Social Studies class for the remainder of the
year."

"Good idea."

"How did the therapy session go?"

"Actually it went pretty well--we talked to her about hypnotherapy and she
agreed to give it a try."

"Lee, that's wonderful."

"Yeah. Pfaff said that it make take a few sessions, but hopefully it will let us
get to the bottom of what's frightening her so badly."

Just then the door opened--a heavyset white-haired man with glasses entered.

"Mr. and Mrs. Stetson, how do you do?" He extended his hand to each of them in
turn. "My name is Robert Dutton--I'm the Commonwealth's Attorney for Arlington
County."

"It's nice to meet you, sir," Amanda replied as she shook his hand.

"How is Jenna holding up?" Sitting at his desk, Mr. Dutton began to rummage
through a stack of papers.

"Not very well," Lee said. "She's been having nightmares and flashbacks--we're
working through that in therapy."

"I see," Mr. Dutton said. "And is she on any medications? Anti-depressants or
something similar?"

"No, sir--we decided against that route," Amanda said.

"I understand," Mr. Dutton said. "I'm glad you've come to see me--I was planning
on contacting you myself shortly, regarding the preliminary hearing."

The preliminary--oh God--with everything else that had been going on, Lee had
almost forgotten about that. "When is that?"

Mr. Dutton looked at his calendar. "As of now it's set for April the first, but
that's only a tentative date."

"And would Jenna be required to testify at that hearing?" Amanda asked.

"Ordinarily, yes," Mr.Dutton said. "The preliminary hearing is like a short
trial--it usually lasts about an hour--all we need to do is establish probable
cause that the crime occurred--in this case, the kidnapping and attempted
murder--Jenna's testimony would help us with that. Any questions?"

"The testimony is what we needed to talk to you about," Lee replied. "We were
just wondering if there would be any alternative to Jenna testifying in open
court--maybe a videotaped deposition?"

Mr. Dutton shook his head. "Not in the General District Court--which is where
the preliminary would be held. Your daughter's testimony is necessary--the
police statement she issued wasn't exactly comprehensive."

Lee recalled the moment vividly--Jenna in the hospital bed--dark eyes fearful as
she'd gazed at the police officer, answering all of his questions with
monosyllables. "What about Amanda and me? You have our statements."

The Commonwealth's Attorney shook his head again. "The victim is the one who
actually experienced it--hers is the testimony the judge will need to hear. I
understand your hesitancy--these things can be very frightening for children,
but--"

"Sir, I'm not sure that you do understand," Amanda said. "Last night when Jenna
was watching the news--she saw Gary Johnston and she had a panic attack--she
started shivering and hyperventilating. If my husband hadn't managed to bring
her breathing under control she may have gone into shock and ended up in the
hospital. I'm just not sure that she would be able to sit across from that man
and testify--I worry that it might cause her even more trauma."

Mr.Dutton was silent for a moment. "I wouldn't be able to do the deposition, but
she might be able to give her testimony via closed-circuit television--it allows
the court and witness to interact without having to be in the same room. Also,
due to the nature of your work--and since the case involves a minor--I may also
be able to petition to have the courtroom closed to the media and general
public."

"Thank you, sir, we'd appreciate that." Amanda said.

"Your Agency has been very helpful to me," Mr. Dutton said. "I would also need
Jenna's medical records to give to the judge--to make a case for CCTV testimony.
Afterwards they could be entered into evidence for the hearing and the trial."

"Would the defense be able to look at them too--the medical records?"
The thought of Gary Johnston looking at the details of what he'd done to their
daughter caused bile to rise in Lee's throat. He glanced over at Amanda, knowing
from her expression that she was feeling the same way. He gave her hand another
reassuring squeeze.

"Yes," Mr. Dutton said. "Both the defense and the prosecution have access to the
evidence that will be presented."

"And the press?" Amanda asked. "Could they--"

"Well technically when a minor is involved we try to shield things from the
press, but they've gotten out before," Mr. Dutton said. "Look at the Jon Benet
Ramsey case with the autopsy photos."

Lee and Amanda exchanged looks. "We'll agree for the records to be given to the
judge," Lee told the attorney. "But we'd like to hold off on their use in the
hearing or the trial--for now."

Mr. Dutton shrugged. "Your call, Mr. Stetson." he picked up a pamphlet from his
desk. "This is more information about CCTV testimony--you should find it very
informative. Let me know what you decide about the medical records."

Amanda took the pamphlet. "Thank you, Mr. Dutton--you've been very helpful."

"My pleasure, Mrs. Stetson."

4247 Maplewood Dr.

8:45 PM

"Hey, munchkin--I thought you were going to bed," Lee said.

Jenna looked up and gave a small smile. "In a minute. I'm just going over this
book for my new class."

"You mean social studies?"

She nodded. Lee walked over to sit beside his daughter on the bed, glancing over
her shoulder as she turned the pages. "Isn't that a little small to be a
textbook?"

"Dad--it's not a textbook. Mrs. Graham called it a Pitkin Guide--she gave it to
me for my new project."

"Comparing the Houses of Parliament to Congress, right?" Lee said, remembering
what Jenna had told them over dinner.

"That's it," Jenna said. "It's harder than the other project, but I think I'll
like it--and Mrs. Graham is nice--better than Mrs. Taitz--not so much yelling.
Mrs. Taitz was always yelling at someone."

"Well that's the most important thing." Lee gave a silent prayer of relief that
Jenna was out of that woman's class for good. "And maybe that'll make it easier
to concentrate."

"Yeah," Jenna turned another page. "I think the relaxation exercise helps too."

"Well it's like I was saying this morning--stress and fear make it hard to
concentrate."

"True," Jenna said. "So maybe I'm not dain bramaged after all."

Lee raised his eyebrows. "Dain bramaged?"

"Just some kid at school saying stuff--don't worry about it." Jenna said. "Did
you know there's been a Parliament in Britain since the fourteenth century? But
they didn't always meet in the same place."

Lee wondered about the sudden change in subject but decided to let it go.
"That's right--they used to meet in Westminster Palace, the Abbey--and then in
St. Stephen's Chapel until the 1830s."

"Wow," Jenna said. "You know a lot about this."

"Well,I've been over there quite a few times--you pick up things--and you know
how your mother always likes to read those little plaques they put next to
exhibits."

"Yeah, she does that when we go to the Smithsonian too."

"Hey, you see those little circles--right there at the top of the chairs in the
House of Commons?" Lee pointed to the photo in Jenna's book. "Those are little
loudspeakers--so that Members of Parliament--the MP's can hear what's going on.
Also, it probably helps to wake them up if they start to fall asleep."

To his amazement Jenna actually giggled. "I bet--if I was taking a nap, hearing
a voice right by my ear would make me jump--what is it?"

"Nothing," Lee ruffled her hair. "It's good to hear you laugh, that's all."

"Thanks," Jenna covered a small yawn with her hand. "Hey--I would love to go
there someday--to England."

"Well someday you will--I promise--we'll go see your Aunt Emily."

"That would be great. Your Mom--she came from England, didn't she?"

"Yes, she did."

"What was she like? I've seen pictures--she looks so beautiful."

"She was beautiful--she was also very nice, very sweet--she would've loved
you--probably spoiled you the way that all grandmother's like to." Lee watched
as Jenna's eyes began to close. "Come on, munchkin--you really do need to
sleep." He helped her to climb under the covers and tucked her in.

"Scarecrow doll?" Jenna asked--her eyes starting to close again.

"Here you go." Lee tucked it under the covers with her and kissed her on the
forehead. "Good night." He turned off the main light--the nightlight filled the
room with a soft glow.

SMK SMK SMK SMK

"What's that you've got there?" Lee asked his wife, sitting beside her on the
bed.

"Just a manual for a training seminar that I'm supposed to teach next week. I
want to be sure that I'm fully up-to-date on the newest stuff before I go in
there."

"I'm sure you'll be fine."

Amanda closed the book and placed it in her nightstand drawer. "I certainly hope
so--I know that Francine and Billy have been trying to keep us on light duty
because of Jenna--courses, security checks--but what's going to happen if a case
comes up that we can't avoid?"

"I guess we'll deal with that when we come to it."

Amanda sighed. "Guess so. How was Jenna? Did she get to sleep all right?"

"Seemed to--she was in a pretty good mood--seemed relaxed--I just hope it
lasts."

"Why shouldn't it?"

Lee ran his hands back through his hair. "Because it feels like we're waiting
for the other shoe to drop--things might go well momentarily, but it doesn't
seem to last."

"We knew there would be ups and downs with this."

"I know that, but we've got some awfully big hurdles coming up--dealing with
what the hypnosis uncovers--her testimony at the preliminary hearing--all of
this means more stress for her, more nightmares--right now all we have is the
calm before the storm."

"Sure--but we'll get through this storm, Lee--I know we will." Amanda rested
her head against his chest and Lee pulled her close.

"Amanda, when Dr. Pfaff asked Jenna how she felt about testifying it nearly sent
her into another panic attack--I don't know how to say it in a way that won't
upset her."

"We'll talk to Pfaff--get his advice--and no one said that we had to tell her
right away," Amanda said. "Just like you told me about what might happen at the
Agency---we'll deal with these things when we come to them."

"Sure, Mrs. Stetson--throw my advice right back in my face, why don't you." Lee
grumbled, but he was smiling.

"That's what wives are for."

"Which reminds me," Lee murmured into her ear as he ran his fingers sensuously
down her side, to her hip and back up again. "I still didn't get my Valentine's
Day present."

"Oh yeah--I remember." Amanda smiled as her palm made lazy circles on his chest.

"The red sexy nightgown?"

"It's like I've said before, Stetson--sometimes it's better without the
nightgown."

"Shall we find out, then?" Lee said, as his lips descended upon hers.