Friday, August 12, 2022

The Desperate Hours

Philadelphia, Early Morning....



Another courtroom...




Josie once again manned the Digital Video Camera...



We were in front of yet another judge, Judge Keith Morrison.. The Father of our friend, Keith Jones... He graciously agreed to be our Judge as we recorded the legal affadavit.


I had located yet another witness...Another witness who gave erroneous testimony in this case...
  

I had Olivia and Beverly and the gang come to the hearing.. I figured they being attorneys , it would be better if they interrogated her on film...I had located and subpoenaed our second witness..Just as he was about to board a plane...To Ironically testify in yet another case.


Mr. Abel Fortune, An Arson Investigator...and supposedly an expert witness.

"Mr. Fortune, you have testified in at least 20 cases...You claim to be an Arson expert...With a degree in Chemistry from my alma mater, The University of Pennsylvania...My niece and I graduated from Penn Law School and my other attorney here, Ms. Josie Boyd, has an MBA from the Wharton School of Business at University of PENN that she acheived before she became an attorney." said Olivia, smiling.

"Ohhhhhhhh small world huh?" he laughed.


''An even smaller world when we learned that you do not have a Chemistry Degree from the University of Pennsylvania,or anywhere else.  and except for a CHEMISTRY COURSE that you took there....You never graduated from PENN and you never really attended PENN, is that correct sir? Remember, you are under oath!" said Olivia.


"Yes, that's correct" he said, hanging his head.


"We aren't the first attorneys to discover this....In fact...this makes us number seven....I have here depositions from SIX other cases in which you testified around the country....In Los Angelas, In Denver, In San Francisco, In Houston , In Miami and in Pittsburg in which your duplicity was discovered...And in fact there is a warrant out for your arrest in the Bay Area of California....I'm just letting you know that in case you were planning to travel there....If I were you, I wouldn't... The shame is, you've managed to fool 14 other people with your false testimony and in the case of our client..You've put a man's life in jeopardy." said Beverly.




Nelson and Josie set up a monitor with video footage of the fire and photos of the aftermath...

"You said that Mrs. Cutler was either strangled or sedated and then her home was set on fire.. The Prosecutor, a Man named Roderick Strickland kept this information from the jury... The Autopsy, the official Autopsy says that Mrs. Cutler died from smoke inhalation....and my associate here.."said Nelson speaking of Bresha..



Has an Arson Detective who never thought that scene or your analysis was correct....He states that the burn marks show this fire was started from the outside..more than likely a fire bomb tossed into the house while Mrs. Cutler was sleeping.." said Nelson....
"His young daughter was not in the home at the time or else she would have been a casualty too...But she is a casualty...Now in her twenties...She has had to grow up in a Foster home without either of her parents... It was bad enough her mother was murdered in a fire bombing.. but her dad has been on death row, the past 20 years." said Bresha.
''You've been getting paid handsomely for your so called "Expert" Testimony...but not anymore...You're out of business Mr. Fortune.. A Man is scheduled to die tomorrow because of you....Hopefully if we get this sworn video affadavit to a Circuit Court Judge in time..We can stop that from happening." said Olivia , who was more upset with his testimony that the drunken testimony of Laquita James , the day before.


Abel Fortune hung his head as bailiffs led him out of the courtroom...


Josie played the whole thing back for prosperity.....

"Good Work Josie Girl.." said Olivia..smiling for the first time.
"No way they'll execute him after this evidence is seen by the Judge." said Beverly..
"This is a text book example of compelling new evidence." said Nelson.
"Thank God, we got a good Judge." said Bresha.


"Olivia, you've got a hell of good investigator... Coming up with all of that at the last minute."
said Judge Morrison, looking at me and smiling.. "Good Luck with your case..." he said.

"We've got to get this to Judge Gaskins..." said Olivia.

"No time to do that than the present." said Beverly.

"Let's Go." I said.

"Throw me the keys...I'll drive," said Nelson.
"His 48 Hour Stay is up soon...I hope the Judge sees this in time."said Josie.
"Me too." said Bresha.


We got in our SUV and pulled off...



In Waynesboro it was pouring down raining.....

Jessica and Chip were in their hotel room....They knew the 48 Hour stay was up...But Olivia had texted  her saying they had more damning testimony that would blow the doors off of this case..and that they were sending a copy electronically to her and to Judge Gaskins. She was relieved...

"You are staring at me.." she said to her husband..
"I can't help it..You look so damn good in that tight sweater,."said Chip..

''You've seen me in this sweater before..You're just horny, that's all."she whispered..

"Yes...I am.Aren't you?'  he whispered..


''Yes." she admitted..


She kissed him as slow and as softly passionate as she could.



he unbuckled her bra...

and slipped her panties down...


"OUUUUUUUUUUUUUUUUUUUUUUU....I need this.." she moaned..

"OUUUUUUUUUUUUUUUUUUUUUUUU.....OH MY GODDDDD! JESSIE...UMMMMMMMMM I need it too!" moaned Chip....

"You sound like a moose.."laughed Jessica..but you're hung like a horse...OUUUUUUUUUUUU! JUST LOOK AT YOU...ALL BIG AND HARD....OUUUUUUUUUUUUUU!!!" she moaned.



He placed her on top of the bathroom sink and entered her slowly...

"AYEEEEEEEEEEEEEEEEEEEEEEEEEE MIOS DIOS!! OUUUUUUUUUUUUUUUU!" she screamed..

"Don't you ever talk about how loud Ms. Yvette and Gary are..LISTEN AT YOU!!!"laughed Chip...

"OUUUUUUUUUUUUUUUUUUUUUUUU...YOU ARE SO BIG...SOOO HARD......OUUUUUUUUUUUUU AYE MIOS DIOS...AYE MIOS DIOSSSSSS...OUUUUUUU!" she screamed as Chip went in...


He lifted he petite body up and began long stroking her..This caused her head to turn back and forth and brought tears from her eyes as she experienced an Earth Shaking orgasm that brought her to tears....

"AYE PAPI...AYE PAPI...AYE MIOS DIOS!OUUUUUUUUUUUUUU!!!!" she cried out...


He bent her over the sink and took her doggie style..

"OHHHHHHHHHHHHHHHHHHHHHHHH....OHHHHHHHHHH MY GODDDDDDD!" he moaned..

"AYEEEEEEEEEEEEEEEEEEEEEEEEEE MIOS DIOS!! OUUUUUUUUUUUUUUUU!" she screamed..

"Papi ,I love you sooooooo much." Jessie screamed...moving up and down on him and giving him slow soft kisses.

"I love you tooo!" he moaned.

"AYE YI YIIIIIIIIIIIIIIIII...AYE MIOS DIOS!" she screamed.....

and later riding him like a surfer rides the waves on top of the bed....


Soon they were in a nice rhythm in the bed...

"OHHHHHHHHHHHHHHHHHHHHHHHH....OHHHHHHHHHH MY GODDDDDDD!" he moaned..

"AYEEEEEEEEEEEEEEEEEEEEEEEEEE MIOS DIOS!! OUUUUUUUUUUUUUUUU!" she screamed..

"OHHHHHHHHHHHHHHHHHHHHHHHH....OHHHHHHHHHH MY GODDDDDDD!" he moaned..

"AYEEEEEEEEEEEEEEEEEEEEEEEEEE MIOS DIOS!! OUUUUUUUUUUUUUUUU! Papi ,I love you sooooooo much" she screamed..


Haley Cutler had walked two floors down to their room... She heard the bed squeaking like crazy and the headboard slamming against the wall and their screams..

"Oh My God, they at it again." she said.

"OUUUUUUUUUUUUUUUUUUUUUUUU...YOU ARE SO BIG...SOOO HARD......OUUUUUUUUUUUUU AYE MIOS DIOS...AYE MIOS DIOSSSSSS...OUUUUUUU!"she screamed...

"OHHHHHHHHHHHHHHHHHHHHHHHHHHHH!! LAWD HAVE MERCY!UMMMMM!"he moaned.

"OUUUUUUUUUUUUUUUUUUUUUUUUUUUUU AYE PAPI!!! "she cooed..

"AWWWWWWWWWWWWWWW!" he moaned..

"AYE PAPI...AYE PAPI...AYE MIOS DIOS!  MAMI IS ABOUT TO CUMMMM...OUUUUUUUUU!" she cried out...




"Girrrrl, I don't blame you..Get it girl....Ummmm Get it! Aint nothin else to do in this place." she said and smiled and walked back upstairs to her room.

This went on for NINE TO TEN HOURS!

"AYE PAPI...AYE PAPI...AYE MIOS DIOS!  MAMI IS ABOUT TO CUMMMM...OUUUUUUUUU!" she cried out...

"OUUUUUUUUUUUUUUUUUUUUUU IT FEELS GOOD...IT FEELS GOOD...IT FEELS GOOOOD...OHHHHHHHHHHHHHHHHHH LAWDDDD!" he moaned.....

Both came and came hard....bodies shaking and trembling and sweat rolling down their backs!


Jessica was enjoying  another good sleep in as many nights...She believed she had saved a man's life...
She was lying on top of Chip....Chip had his arms around her, he softly squeezed her buttocks.....She smiled ...They both drifted off into a peaceful sleep..



II-





Hot Coffee was poured and two slices of Hot Apple Pie were placed in front of the two men..


Private Investigator, Bert Vanderberg had a bloody piece of cotton in his nose to quell the bleeding..Both of his eyes were black and nearly swollen shut...His lip was swollen and his face was still puffy from the fight he'd had last night with a local man..

"Thanks for bailing me out this morning Roderick." he said as he drank his coffee and ate his pie.


"You look like hell Bert.....I hope the other guy looks worse....I heard you knocked him cold.."said Attorney and former Assistant District Attorney Rod Strickland.. "What about the girl?" he asked.

"Her name is Molly Brown.....
She graduated from law school two years ago...Passed the bar...Worked here full time as a waitress to pay rent and make ends meet, Clerked part time for Judge Gaskins...As a clerk she was privy to a lot of appeals and cases that come across his desk... Since this is a Capital Punishment case out of Philadelphia and she saw that the Atoorneys for the defense were Jessica Sanchez-Burrows and her husband Charles Burrows out of Philadelphia, assisted by Olivia Bennett-Alexander, Beverly West, Donnie Ray Alexander, Nelson East, Josie Boyd and Bresha Billips out of Philadelphia.










It peaked her interest, especially since it was in all of the local papers.. Celebrity Attorneys taking on Capital Murder case.... She began contacting Olivia...always late at night, always in secret and always short messages... We don't have a bit of proof, except that she ordered a voice scrambling device on line.. She could have gotten that burner phone from anywhere." said Bert.


"The Damage is done....I've got to meet with that Judge today and try to keep him from granting another stay...I'm just glad I won't be facing Olivia, Beverly and that crew....I think I can handle the two Innocence Project attorneys.." said Roderick Strickland.


At the Prison.... With his 48 Hour Stay of execution up, David Cutler was scheduled to be executed at Midnight tonight...

"You guys did everything you could...Thank you for giving me two extra days to live." said David.
"No daddy, they said they were going to save you.....They promised me." said Haley, crying profusely...
"We are...We presented two pieces of compelling evidence...Evidence that should get your case tossed out.. My wife is before the Judge right now, arguing in your behalf.." said Chip, comforting Haley and speaking to David..

The three of them were in a small holding cell.. His last meal was requested.

A New York Strip Steak
Baked Potato


and a Coke...



In the 7th Circuit Courtroom..


Attorney Roderick  Strickland was trying his best to filibuster the proceedings...



Jessica was more than holding her own with him, but time was running out....There was but five hours left... She was ready to pull her trump card.. She was going to play the videos Olivia had sent her in stereo on the Monitor..






III-



THE LEGAL ETHICS BOARD...


Josie manned the digital video taping device.

Yes, we were high tech like that!


Judge Jetty Dukes agreed to be our Judge as we recorded the legal affadavit..


I had located and subpoenaed our first witness.. I had Olivia and Beverly and the gang come to the hearing.. I figured they being attorneys , it would be better if they interrogated her on film...Plus we knew her..She had been a witness in the last trial we had tried.




Ms. Laquita James...


"Ms. James, I'm reading from the transcript here of the 2002 trial of Mr. Cutler in which you said, You were coming out of the bar and you saw Mr. Cutler running out of the burning building, is that correct?" asked Olivia.


"Well if it says I said it...I uh guess I saw it." she replied..

''But you were never sure...It is written here in the handwritten notes of Detective Dominick Evans that you said you were never sure..." said Olivia.


''Yes, I told them that." said Laquita James..

"In fact, you failed to identify Mr. Cutler in two different line ups....In the first one, you picked a man who was actually a policemen and in the second one you picked a man , a whole foot taller and much lighter than Mr. Cutler is that not true?   You only picked Mr. Cutler in the third line up and by then you had seen his picture in the paper, am I not right?" asked Beverly..

"Yes ,uh Detective Evans uh ruh told me that that is the one I should pick.." said Laquita James..



"Is it safe to say that the night you stumbled out of the bar...You were inebriated...intoxicated...DRUNK?" asked Nelson..


"YES!" said Laquita James.


''So you don't know...You can't be 100 percent sure, WHO you saw running out of that burning building...Can you?" asked Olivia.


"Noooooooo...I've felt so bad..I've felt so bad about this...20 years, 20 years I've felt bad about that man sitting on Death Row...Because I told them ,I told the Detectives it was dark...I was sloppy drunk...I saw a shadow, but I was never sure, who I saw...I told em, but they told me it was alright, that they had the right guy...." said Laquita James.


"Here is a photo of the bar...It's on the corner of the block... And Here is the house...The house is at the other end of the block...From this distance, even sober....It would be hard to determine just who was coming out of the house..Unless you knew the person, is that a fair statement?" asked Bresha.


''Yes it's a fair statement..I didn't really see Mr. Cutler.." said Laquita James.


''Don't we know you?" asked Nelson.


"I-I-I don't think so.." said Laquita James..


''Yes we do... You testified in our last trial...We were representing Mr. Ballard...You were an eyewitness in that case... It's here in the transcripts and you perjured yourself in that trial...It's right here." said Beverly....


"Lt. Tragg bought me lunch and gave me some money to buy beer, so I said what he wanted me to say..." said Laquita James....."I-I-I didn't know Mr. Ballard at all.. His wife and I used to get our hair done at the same hair dresser...You guys got him off didn't you?" she asked.

"The Jury was never made aware that this witness was inebriated, that she failed to identify Mr. Cutler in two seperate line ups and only identified him after seeing his picture in the paper and being told by detectives that they had  "The Right Guy"said Olivia.

(Click!)


"We got it all Liv." said Josie, 



who played it back for posterity...

Another courtroom...



Josie once again manned the Digital Video Camera...



We were in front of yet another judge, Judge Keith Morrison.. The Father of our friend, Keith Jones... He graciously agreed to be our Judge as we recorded the legal affadavit.


I had located yet another witness...Another witness who gave erroneous testimony in this case...
  

I had Olivia and Beverly and the gang come to the hearing.. I figured they being attorneys , it would be better if they interrogated her on film...I had located and subpoenaed our second witness..Just as he was about to board a plane...To Ironically testify in yet another case.


Mr. Abel Fortune, An Arson Investigator...and supposedly an expert witness.

"Mr. Fortune, you have testified in at least 20 cases...You claim to be an Arson expert...With a degree in Chemistry from my alma mater, The University of Pennsylvania...My niece and I graduated from Penn Law School and my other attorney here, Ms. Josie Boyd, has an MBA from the Wharton School of Business at University of PENN that she achieved before she became an attorney." said Olivia, smiling.

"Ohhhhhhhh small world huh?" he laughed.


''An even smaller world when we learned that you do not have a Chemistry Degree from the University of Pennsylvania,or anywhere else.  and except for a CHEMISTRY COURSE that you took there....You never graduated from PENN and you never really attended PENN, is that correct sir? Remember, you are under oath!" said Olivia.


"Yes, that's correct" he said, hanging his head.


"We aren't the first attorneys to discover this....In fact...this makes us number seven....I have here depositions from SIX other cases in which you testified around the country....In Los Angelas, In Denver, In San Francisco, In Houston , In Miami and in Pittsburg in which your duplicity was discovered...And in fact there is a warrant out for your arrest in the Bay Area of California....I'm just letting you know that in case you were planning to travel there....If I were you, I wouldn't... The shame is, you've managed to fool 14 other people with your false testimony and in the case of our client..You've put a man's life in jeopardy." said Beverly.




Nelson and Josie set up a monitor with video footage of the fire and photos of the aftermath...

"You said that Mrs. Cutler was either strangled or sedated and then her home was set on fire.. The Prosecutor, a Man named Roderick Strickland kept this information from the jury... The Autopsy, the official Autopsy says that Mrs. Cutler died from smoke inhalation....and my associate here.."said Nelson speaking of Bresha..



Has an Arson Detective who never thought that scene or your analysis was correct....He states that the burn marks show this fire was started from the outside..more than likely a fire bomb tossed into the house while Mrs. Cutler was sleeping.." said Nelson....
"His young daughter was not in the home at the time or else she would have been a casualty too...But she is a casualty...Now in her twenties...She has had to grow up in a Foster home without either of her parents... It was bad enough her mother was murdered in a fire bombing.. but her dad has been on death row, the past 20 years." said Bresha.

''You've been getting paid handsomely for your so called "Expert" Testimony...but not anymore...You're out of business Mr. Fortune.. A Man is scheduled to die tomorrow because of you....Hopefully if we get this sworn video affadavit to a Circuit Court Judge in time..We can stop that from happening." said Olivia , who was more upset with his testimony that the drunken testimony of Laquita James , the day before.


Abel Fortune hung his head as bailiffs led him out of the courtroom...


Josie played the whole thing back for prosperity.....



After the tapes finished playing...Jessica smirked..She knew she had him..

"Your honor...I think you'll agree that this case has more holes in it than Swiss Cheese and that there is more than enough compelling evidence to say that this man did not get a fair trial and certainly should not lose his life behind this." she said.


Attorney Roderick Strickland knew he had been damaged..He argued for another 25 Minutes that all of this so called evidence was inadmissible and was not present at the original trial and should not be relevant now. That "Cutler was judged fairly by a jury of his peers and that that should be the end of it."


"ARE YOU KIDDING ME?  IT DAMN WELL SHOULD HAVE BEEN SUBMITTED AT THE FIRST TRIAL AND THE JURY SHOULD HAVE BEEN MADE AWARE OF THIS!!!! I HAVE ENOUGH HERE TO BRING YOU UP ON PROSECUTORIAL MISCONDUCT......YOU'VE GOT A WITNESS WHO WAS AN ALCOHOLIC, WHO TOLD DETECTIVES...SHE WASN'T SURE AND WHO THEY BASICALLY LEAD ALONG TO AN IDENTIFICATION AFTER SHE FAILED TWO TIMES TO IDENTIFY THE SUSPECT AND AN "EXPERT" WITNESS WHO TURNS OUT TO BE A FRAUD, A PHONY BALONEY...AND YOU HAVE THE AUDACITY TO WANT TO EXECUTE THIS MAN???" screamed a now angry Judge Gaskins... "GET ME THAT GOTDAMN PHONE!" he yelled.



And at the Prison...



David met with a priest...

They then dressed him in a white jumpsuit....The uniform he would wear when strapped to the gurney..



Haley cried profusely and held on to Chip for dear life..

Chip kept looking at his phone..


IV-

At the Prison..


The Warden walked into the small holding room...

"Cutler...you are one lucky son of a bitch...First we run out of one of the drugs needed to execute you on the day you're supposed to be executed.. Your Lawyer blocks us from putting you in the Gas Chamber..Then a Judge gives you a 48 hour stay.....Well Cutler you've lucked out again...That same Judge just vacated your entire sentence..." said the Warden.


''What does this mean Warden?" asked David Cutler.


''It means you got two good lawyers...You're a free man and this time tomorrow you'll be in Philadelphia. CONGRATULATIONS And good luck to you... Not Often I get to say that" said the Warden shaking David's hand.
"YAYYYYYYYYYYYYYYYYYY!" screamed Haley, hugging her dad, who had only two hours left, before he would have been strapped to the gurney... "Jessie didn't lie, she saved you....You too Chip." said Haley..
"Whew, that was close." sighed David.


"You aint lying.." said Chip, sighing a sigh of relief.



24 HOURS LATER-

Jessica, her husband Chip, Newly freed David Cutler, back in Philadelphia for the first time in twenty years fielded questions from the press, who met them at the train station.








She insisted that Olivia, Beverly, Nelson, Myself, Josie and Bresha be there also... As we were part of the team that assisted her and her husband with the case..







We smiled and answered their questions..

Our good friend B.L. Benz bumped a segment that featured Lt. Tragg so that he could interview all of us on his popular show, HARD BOTTOM.


This didn't go down too well with Lt. Tragg..


As could be expected...HE WAS LIVID!!

"ANY CASE...ANY CASE WITH A HINT OF CONTROVERSY, THEY ATTACH THEMSELVES TO! I DON'T BELIEVE THIS...." he snarled loudly...


"Why couldn't they leave this alone? Twenty years, Twenty Years...He was nobody....Who would have cared if he got executed?? Now I've got to get a lawyer to defend me against prosecutorial misconduct charges..My chance of running for District Attorney is shot to hell.. DAMN IT..DAMN IT..DAMN IT!!" screamed Rod Strickland, who was also in Curleys...

And So It Goes!


EPILOUGE-


David Cutler decided to write a book about his twenty year ordeal and to work dilligently with the Innocence Project in the future.


I found a Hip Spanish Food Restaurant in town and we brought the whole Busload down to honor Jessica and Chip
"This is for you baby...Job Well Done." said Olivia, hugging Jessica/
''We couldn't have done it without you and your team and the rest of you guys," said Jessica, humbly.
''Consider it a team effort...You guys have always been there for us." I said.
''We all make a great team." said Chip.
"I'm so proud of you both." said Yvette hugging a kissing Jessica.
"Thank You." said Jessica
"Thank You." said Chip..
"This food is delish." said Beverly..
''Yes it is." agreed Nelson.
"I love this place."said Josie.
"donnie Ray sure knows his restaurants." said Paris.
''He sure does." said Bresha.
"He's good to have around."said  Tony.

"This is so nice." said Jazzy ,taking her heels off and resting her feet in her husband's lap..

"Oh man, this is sooooo relaxing and the food is so good." said Kayla.
"No argument there...How are you Ms. Alfreda?" said Ray..
"Just fine...Glad I don't have to work tomorrow."laughed Alfreda
"I'm glad you don't either." whispered her husband, Rockland, Raffishly...

"These drinks are nice and the food is even nicer." said Keith Jones.

"I'm so Happy for Jessie and Chip..."said Bee Bee.
"I'm happy for them too..I know they're glad to be home in Philly again." said Sofia.
"No Doubt....I remember when we were in that god forsaken Prison town." said Kahlil.
"Me too! It was no picnic." said Jade.
"I imagine it's some guys I put up there still around," said her husband, Lt. Danny Ho.
"Ummmm good food and good friends." said Virginia.
''Amen."said Jetty.
''Where is Gary...?" asked Zoey.
"Here he comes and look what he brought." said Lem.

"It's not a party unless you have Tequilla." he said..


Everybody did shots..It was a good thing that most of us came on Olivia's two buses.

"I'm not doing any..Somebody's got to be sober enough to drive us home!"said Virginia.


"I hear you girl...Same here." said Zoey.

Despite that...A Good Time was had by all!



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