Grief turns to joy
Pain turns to love
New beginnings unfold
Gifts from above
Life left to chance
Is no life at all
I’ll choose my destination
~ Hannah Gunner ~
Much to Michael and Nigel’s delight, the courtroom was packed. Michael had ensured that Hannah, Kathy, Cash, and Lindsey had seats directly behind the council’s table where Hank was seated in front of the judge. Hannah had been added as a character witness, as had Sandy, Nathan’s wife. As soon as Hank spotted her, he was overwhelmed with emotion. Cupping his mouth with his hand, he gasped, and mouthed her name: Sandy! She spotted him immediately, as soon as he looked in her direction. Placing one hand over her heart, she blew him a kiss with the other, signaling that, despite the loss of Nathan, she was going to stand up for, by, and support him. Sandy slipped Nigel a note with Hank’s name written on it.
We’d give anything if this had never happened! But it did, and now we have to make it right. We’re on your side and always have been! Can’t wait for you to meet Nate.
Hank read it twice before turning back around and mouthing the words thank you. He noticed that all of the seats in the courtroom were filled, and reporters lined more than a few rows. That could be good for him—public support for his case. Hank looked over his shoulder one last time, stealing a glimpse of Hannah talking with Kathy. He still couldn’t wrap his mind around the fact that she was a mere foot away; all he wanted to do was reach out and hold her! A poke in his ribs startled him, followed by an announcement from the bailiff as the judge entered the courtroom.
“Please rise. The Court of the Judicial Circuit, Criminal Division, is now in session. The Honorable Judge Cardiff presiding.”
The sound of everyone shuffling to their feet bounced off the walls, as people stood up and waited for the next round of instructions before the trial got underway. Hannah reached over and grabbed Cash’s hand. She was visibly shaking, but Cash tried to reassure her by gently squeezing her hand in his and softly nudging her with his body. Lindsey stood as close to Kathy as she possibly could, and nervously the four waited as the judge addressed the courtroom next.
“Everyone may be seated except the defendant. Mr. Payne, please swear in the defendant.”
Hank remained standing as everyone around him sat down. After Hank was sworn in, the judge asked Hank’s counsel and the prosecution’s counsel to step forward. After a couple minutes, they were dismissed to their tables, and the judge made another announcement.
“Ladies and gentlemen, this is a unique case. We do not have a jury, but we do have a list of character witnesses. I’m going to ask that all character witnesses for the defendant please rise. We will swear you in all at once at this time.”
Hannah—feeling nervous—stood, along with Kathy, Sandy, and a few others. The bailiff asked them all the same question.
“Please raise your right hands. Do you swear to tell the truth, the whole truth, and nothing but the truth?”
In unison they all answered, I do. The bailiff addressed the judge again.
“Your Honor, today’s case is Gunner versus the State of California.”
“Is the defense attorney ready?” the judge asked.
Michael stood up. “Yes, Your Honor.”
“You may be seated.”
“And the prosecuting attorney?”
“Yes, Your Honor.”
“Be seated.”
Judge Cardiff gave the defense permission to proceed. Nervously Hank sat in his chair, helpless, and listened to every word that Michael carefully told the judge. His opening statements were strong and carefully crafted to deliver maximum impact.
“Your Honor, the State of California has committed an incorrigible crime against Hank Gunner. We’re here today to ensure that the original conviction for involuntary manslaughter is overturned and that he is released immediately, based on time already served. Robbed of the best years of his life and serving time, a sentence that he didn’t deserve for a crime that he did not, I repeat did not, commit! This terrible injustice has cost him years of his life that can never be recouped! He cannot wish them back, and even the monetary retribution that we’re asking for here today cannot buy back those years that he wrongfully served in Folsom State Prison. Those years, wrongfully convicted, not only cost him his personal life, it cost him his family. Not to mention precious time with his wife, who became ill and has since passed. For reasons beyond his control, brought about by this wrongful conviction, he wasn’t even able to attend her funeral. And we haven’t yet discussed the years that he’ll never recoup—in any way possible—to retrace the time and get back the days with his then-elementary-aged daughter so he could watch her grow up. Her first day of first grade, reading on her own, first and early years of school plays, first dance, first boyfriend, first kiss… the list goes on and on. Now she’s a teenager, and she’ll be graduating high school soon!”
Whispers broke out among everyone sitting in the galley, and the judge asked everyone to be quiet. Hank hung his head in shame, knowing he hadn’t been by Gloria’s side for most of Hannah’s life, or when she had needed him most. Michael continued to narrate a story that grabbed the crowd in the courtroom and delivered the maximum amount of emotional impact that he possibly could before he presented all of the evidence. The prosecution for the state, wanting to object, held their tongues and waited to see what else Michael and his team had to present to the court first. Nigel handed notes and files to Michael as he pressed onward, and eventually, he got to the part where he started to bring in the witnesses. He asked to bring up Lewis first. His nurse, from the nursing home, wheeled him in and asked him if he needed anything before he answered the attorney’s questions. He didn’t. Lewis answered Michael’s questions one by one. The prosecution then cross-examined, but their cross-examination, thankfully, wasn’t as brutal as Michael and Nigel had feared.
“Hi, Lewis.”
“Hello.”
“You nervous today?”
“Yes, sir.”
“It’s okay to be nervous. It’s not every day that you’re in a courtroom.”
Lewis nodded. “No, sir.”
“Now, you said that you hadn’t come forward before now because you were scared, correct?”
“Yes.”
“Then why would you speak up now? What I mean is, are you sure that the threat is gone, if you were so scared and all?”
Hank watched Lewis as he spoke, and Lewis glanced in his direction. Guilt consumed him as he answered the question.
“I’m a coward. I was scared. But when I had the chance to speak when James did, well, I took it. Things have been quiet for years, on the docks and all, and I don’t work there anyhow. I’m in care and don’t reckon I’ve got that much time left anyway. Maybe I do, maybe I don’t, but I do know that what happened to Hank ain’t right. And I hate that I was part of it, even if it wasn’t by choice.”
Surprisingly, the prosecution accepted his statement and left him alone. After the judge dismissed him, his nurses got him ready to return to the nursing home. As he left the courtroom, he yelled out Hank’s name.
“Hank!”
Hank turned his head, and they made eye contact.
“I’m sorry. Sorry,” Lewis said as his caregivers wheeled him out of the courtroom.
Hank, numb, watched them take him out of the room. Hannah leaned forward and whispered something that he held on to for the entire day.
“Daddy… it’s going to be okay.”
Next Nigel stood up and asked if he could approach the bench. He was allowed and presented the judge with James Stoddard’s affidavit. The judge permitted a thirty-minute recess while he read the document and informed everyone in the courtroom that afterward, the judge, the attorneys, and their teams would watch the videotape.
“After recess, we will watch the recorded session with Mr. Stoddard.”
“All rise.”
The bailiff took Hank to a small meeting room away from his supporters, including Hannah. Unable to relax, she paced the floor outside the courtroom. Reaching for her JUUL, she headed toward the door.
“Stay inside. It’s chilly out there. Please.”
Cash held out his hand toward her; she placed hers in his and walked back toward the courtroom. Lindsey met them halfway and handed her a Dr. Pepper.
“Here, sip on some sugar.”
“I don’t think I need the sugar, but I could do with the caffeine. Thank you!”
It didn’t take long before the court was back in session. The judge acknowledged to the entire courtroom that both the prosecution and the defense had agreed that the affidavit was compelling evidence and announced that he would allow all those in attendance to view the tape as well. A court assistant set up the equipment, and within minutes the lights were turned down and the video interview with James Stoddard was reviewed.
Hannah, along with the entire courtroom, was stunned. During his explicit account, he openly admitted that he was the last person to lay hands on Tom O’Halloran. Even under cross-examination that day of the interview, he admitted on his own accord that he had pushed Tom and Hank over the bridge. The rest of his testimony—the threats, kidnapping, and the gun that was held to his head—matched Lewis’s story. He spoke clearly, and the video and audio quality were excellent and admissible. The judge acknowledged that it had not been edited and must have been taken in one sitting. He also noted that the guilty party, Mr. Stoddard, had not in any way, shape, or form been led by the attorneys present that day. He acknowledged that Mr. Stoddard was asked and answered direct questions, seemed emotional at times, but sincere and demonstrated guilt. He called both the prosecutors for the state and the defense to his bench and all agreed the video was solid evidence. The prosecutors, at that point, felt completely defeated.
Judge Cardiff proceeded to order the attorneys to prepare any character witnesses testifying on Hank’s behalf. Kathy was called first. She felt nervous as she took the stand. She told the court how she had met Hank, what her sister’s relationship with him had been like, and she purposely stuck to the years prior to Gloria stating that Hank was deceased. She also answered any of the rapid-fire questions that were directed at her with finesse and confidence. She was a phenomenal character witness, and Hank was grateful. Sandy did just as well. She explained how Nathan had loved Hank as a brother, and dodged any questions indicating that Hank had anything to do with Nathan being in the wrong place at the wrong time that caused his death.
“Hank absolutely had nothing to do with Nathan’s death. He did not pull the trigger. He did not put a gun in the hand of the murderer who killed my husband, and he did not force my husband to join him that day. I find this type of questioning disturbing when we’re supposed to be talking about how much my husband admired Hank.”
The judge agreed with her and told the prosecutor to tread carefully. He had no more questions for her after that. Hannah was called to the stand next. Legs wobbling, hands shaking, stomach doing flips, she managed to walk to the front and take her seat. Michael gently led the questioning.
“Hannah, do you recognize the gentleman sitting to the left of you at the table over there?”
Hannah instinctively turned and faced her dad. Smiling, she nodded.
“For the court please, Hannah. Do you recognize him?”
“Sorry. Um, yes. He’s my dad.”
“We all know why we’re here today, so as best you can and in your own words, could you please tell the court what it’s been like for you all of these years without your dad?”
It was so quiet you could literally hear a pin drop. Hannah had heard that expression a million times, but for the first time she knew what it felt like and meant at that moment in a room full of people waiting for her to speak. She opened her mouth to begin and didn’t recognize the sound of her own voice. It was raspy and shaky, but she dug deep into the back of her head and pulled out memories of how it felt when her dad had left.
“I didn’t know what was going on when he left, because none of it made any sense to me. He went from putting me to bed every night, reading my favorite book and turning it into a game that we’d play literally every night, to never coming home.”
Tears had pooled in her eyes, but she blinked them away, focusing on the things that she knew she needed to say. Hank’s eyes were filled with tears as well, as were Kathy’s, Sandy’s, Lindsey’s, and even Cash had to fight his back.
“I had a little white stool, I think my dad actually made it for me.” She glanced at Hank, who was nodding; he had made that for her a long time ago. “Every day before supper I would put it by the back door in the kitchen. That door was half glass, and I’d wait for him to come down the path, but of course, all of a sudden he never came. My mom tried to comfort me and distract me, telling me how much he loved me and let’s read and she’d put me to bed.”
Hannah wiped the tears off her cheeks with her hand but didn’t dare look at Hank for fear she’d burst into sobs and cry harder. “Looking back, I know that I was really horrible to my mom. I was such a bad daughter back then, mean to her, all because I didn’t want her to read to me and put me to bed. I wanted my dad, the Captain, to do it, just like he’d always done.”
Michael interjected. “Hannah, you weren’t a bad daughter, you were five! Can you tell us why you didn’t want your mom to read to you, and why it meant so much to you that your dad spent that time with you?”
Hannah, remembering how her mom had tried to cope, hung her head in shame.
“Because I needed my dad. That was our thing—our time and our game. I wanted the Captain to come back. I knew my mom couldn’t read and play the pirate game with me like that, and my dad was always the Captain, until one day he was gone, just like that!”
“And then what was life like?” Michael asked.
“Where to start? We kept moving because we couldn’t afford to stay in our home. Mom always tried to get higher-paying positions in her field, and we moved each time she did. I didn’t have friends to speak of because we moved so much, but I always escaped by losing myself in the games that we used to play—imagining in my mind’s eye that I was still playing them with him.” Hannah half-smiled and pointed to her dad. “That pirate game got me through many years of loneliness. It allowed me to wander beautiful beaches when I was scared, lonely, or sad, you name it, but my mom, she struggled. She didn’t have her husband by her side, and she loved my dad. His picture was always by her bed, and it remained by her bed until the day she died.” Looking at the judge, Hannah added, “I guess you could say the state took away our whole world.”
“I think we get the picture Hannah, thank you, you may get down,” Judge Cardiff said kindly.
“Everything we have seen, heard, and read here today is indeed compelling evidence that Hank Gunner was wrongly convicted of a crime. But I would like to speak with James Stoddard myself. Please arrange for him to be brought to my chambers or a court representative to visit with him.”
Michael jumped to his feet. “Your Honor, may I address the court?”
“Go ahead.”
“Mr. Stoddard passed away two days ago. Stage-four cancer. We’ve been working against the clock.”
The judge put down his pen. “Well, that answers that and complicates this… um.”
Hank’s ears perked up, as did everyone else’s in the room. The judge requested that Hank take the stand and tell his side of the story. Hank proceeded to tell his side of what happened the evening Tom O’Halloran fell over the bridge, clutching his jacket, pulling him over the railing with him. Reporters scribbled away and checked their recording devices continually to ensure they were capturing everything that was said. As soon as he was finished, the judge asked him to sit back down.
“I see no reason for you to be questioned or cross-examined, Mr. Gunner. I just wanted to hear your account for myself.” Turning to the courtroom and the attorneys, he said, “Since the actual accused, James Stoddard, who confessed both in a court affidavit and recorded video, both admissible, is deceased, it does complicate things. However, in regard to Mr. Gunner, I believe the defense has proven that Hank Gunner was wrongfully accused, prosecuted, and convicted. The motion to overturn his conviction has been granted and will be overturned. The request for immediate release based on time served, which is eleven years, and good behavior for the last few years, has also been granted.”
The judge addressed Hank directly.
“The State of California will award retribution, the amount to be determined once your attorney files suit, and whatever they award you, in my humble opinion, will never be enough. I might add you have our sincere apologies, and condolences on the loss of your wife. I hope you can begin to rebuild your life and spend what time you have left with your daughter. Though she is growing up, she still needs you.”
He looked at the defense team.
“Defense?”
“We’re good, your Honor. We agree with your decision, and unfortunately it would seem it’s been long overdue.”
“I couldn’t agree with you more, counselor!” Judge Cardiff signed a document placed in front of him and addressed Hank.
“I can’t begin to imagine what you and your family have endured over the years, and I know that nothing that we can say or do will turn back the hands of time. I hope that the compensation that you’ll be awarded, which as I said, in my opinion, will never be enough, will allow you to make a fresh start and rebuild your relationship with your remaining family. I understand it will never replace what was stolen from you. I sincerely hope from this day forward you find some peace.”
A nod of his head, acknowledging the judge’s words, and Hank finally realized he was going to be a free man.
“Thank you, Your Honor!” he replied. “Thank you.”
“That’s that, then. Good luck!” He turned to his bailiff, indicating they were calling it a day and dismissed his court. “Court dismissed.”
“All rise,” instructed the bailiff, and Hank was a free man!