Small Claims

by Ethan Stone

  “Me too,” Jody replied. “I haven’t had so much fun in a long time.”

  “I’ll miss you.” It would likely be another couple of days before we saw each other because of his schedule.

  “Ditto.”

  He laughed, and I kissed him again.

  “You better go, or I’ll be late.”

  “Yeah, yeah,” I reluctantly agreed.

  He followed me to the door and opened it before giving me another goodbye kiss. Unfortunately, we weren’t alone.

  Jody’s neighbor, Mrs. Gioberti, stood just a few feet away, her mouth agape. “Jody and the judge!”

  It sounded like a title for a bad sitcom, but this was no laughing matter. My gut churned like a cement mixer. This was going to lead to trouble. No doubt about it. We hadn’t done anything wrong, but the nosy old bat would definitely try to make something out of it.

  “Hello, Mrs. G,” Jody said. “How are you?”

  “You…and the judge?” She shook a finger at us. “It was a trick. You tricked me, you liars!”

  “What are you babbling about?” Jody asked.

  “Mrs. Gioberti, this isn’t what you think it is. Jody and I didn’t start dating until after the case.”

  “No, no, no.” Her entire body shook. “You are a bad person. You snookered me, you sons of bitches.” She turned around and disappeared into her place.

  “What’s that old bat freaking out about?” Jody asked.

  “She thinks we were involved before the court case.” I shook my head. “She thinks the case was fixed.”

  “That’s ridiculous,” Jody scoffed.

  “Not to her.”

  He waved a hand dismissively. “Don’t worry about it.”

  I wished I could be as nonchalant as Jody, but my gut told me something bad was going to happen.

  I WAS VERY BUSY MONDAY morning and didn’t have time to even think about what Mrs. Gioberti might do with the knowledge Jody and I were dating. By three, I’d pretty much forgotten about it.

  The intercom buzzed and Gerald spoke. “Judge Orlani is here to see you.”

  “Send her in.”

  Cathryn Orlani was the district court judge for Marion County, meaning she was a step above me. District court judges handled the criminal trials while I handled small claims and weddings. She was in her seventies and still as smart as ever.

  She strode in and beamed. “Shawn, how are you?”

  We shook hands and sat. “I’m good. What can I do for you?”

  Her smile vanished totally. “I wish I was here on a different matter, but something has come up.”

  I folded my hands together and sat up straight.

  “I spoke to a woman named Mrs. Gioberti today. She claims you presided over a case you shouldn’t have.”

  I sighed and hung my head. “That’s not what happened, Cathryn.”

  “So, you’re not dating Jody Jacobsen?”

  “No. I mean, yes, we are dating.”

  She put her hands together and leaned forward.

  “We didn’t start seeing each other until after the small claims hearing,” I explained.

  “How long afterward?”

  I hesitated, unsure how to answer the question. Jody and I had slept together the evening of the case, but we hadn’t started dating until later. The entire truth was the best choice. “I ran into Jody at a club the same day as the case—totally by chance. We spent the night together but didn’t see each other again for a week. We’ve been dating since then.”

  “So how long has it been official?”

  “Four weeks, give or take a day.”

  She rubbed her face. “Mrs. Gioberti is insisting that you did something wrong.”

  “I know it’s kind of messy,” I said, “but I did nothing wrong. I didn’t know Jody when he was in my courtroom.”

  “Will he back up your story?”

  “Of course.”

  “I may need to talk to him. I’m meeting with Mrs. Gioberti again tomorrow. If she insists on moving forward with a complaint, I’ll need to hear his side of things.”

  “I’ll let him know the next time I talk to him. Mrs. Gioberti is a bit of a nutcase. If you read the transcripts from the original case, you’ll understand what I mean.”

  Cathryn chuckled. “She did seem a little odd.” She stood and I did the same. “We’ll speak tomorrow.”

  “Thanks,” I replied. I flopped back in my seat as she left. I hoped Mrs. Gioberti would drop the complaint but I had a feeling she wasn’t going to.

  What possible outcomes did this situation have? I’d worked hard for so long to have an exemplary record and this loony broad could ruin it. I also wasn’t sure how this would affect my relationship with Jody. This was just the type of thing that might make him run like a scared jackrabbit.

  WHEN I ARRIVED HOME, I called Jody and left a message asking him to get back to me as soon as possible. He returned the call about thirty minutes later.

  “What’s up?”

  “Your neighbor is causing problems at work,” I said. “She’s claiming you and I were involved before the court case.”

  He snickered. “Well, we know that isn’t true. Why are you worried?”

  “It’s just something I’d rather not deal with. I need you to talk to my superior.”

  He was quiet for a moment. “Do I have to?”

  That was an odd response. “It would make things a lot easier if you did.”

  Jody was quiet for a long moment, so I spoke again.

  “Is there a problem?”

  “I’d just rather not,” Jody said.

  “Why?”

  “I don’t know.”

  “Mrs. Gioberti is meeting with Judge Orlani tomorrow. There’s a chance she may drop the complaint.”

  “Let’s hope for that.”

  “But if that doesn’t happen, if she moves forward, then there’ll have to be an official hearing. Even if I’m found innocent, it’ll be like a black mark on my record. I’d prefer not to have that happen. If people find out what I was accused of, it may give them the idea to try the same thing.”

  “I’m sure you’ll be fine. Don’t worry about it,” he said. “I have to get back to work. I’ll talk to you later.”

  He ended the call before I could say anything else. Why didn’t he want to talk to Judge Orlani? More importantly, why did he seem reluctant to do whatever he could to help me out?

  I paced my living room, clenching and unclenching my hands into fists.

  How can he not want to help me?

  If the roles were reversed, I wouldn’t hesitate to come to his aid. It was so fucking disappointing. He obviously didn’t care for more as much as I did for him.

  It just didn’t make sense. Part of me wanted to jump in my car, find him, and shake him until he opened up, but that would be pointless. Jody was a stubborn man, and it seemed he had set his mind.

  With those thoughts on my mind, I lay down and went to sleep.

  CHAPTER TEN

  I ANXIOUSLY AWAITED A PHONE call or visit from Judge Orlani regarding her meeting with Mrs. Gioberti. If the batty old lady dropped the grievance, everything would be fine. I’d still have to talk to Jody about his unwillingness to help me, but at least I wouldn’t have to worry about an official hearing.

  Cathryn finally called while I was eating lunch in my office.

  “I’m sorry, Shawn. Mrs. Gioberti refuses to drop the complaint. She’s convinced you were dating Jacobsen before the small claims hearing. She even says she has proof in the form of photos.”

  “Pictures?” My voice squeaked. “There can’t be any pictures. She’s crazy.”

  “I believe you, Shawn, but I need more for me to dismiss the case without a hearing. I don’t need a lot. Talking to your boyfriend would help.”

  “He seems nervous about talking to you,” I admitted. “I don’t know why.”

  “I scheduled a hearing for Friday. He has until then to come in.”

  “I’ll talk
to him again.”

  “If you can think of anything else, let me know.”

  I set the phone down and rubbed my forehead. I didn’t have faith Jody would come through for me. This was the sort of reason he had used to end relationships in the past. As much as I hated the idea of breaking up, I knew it was for the best if he couldn’t do something as small as speaking to Cathryn on my behalf. If he couldn’t come through for me now, then a chance at happily ever after didn’t seem to exist.

  Might as well find out now what he was willing to do. I dialed Jody’s phone, and he answered groggily.

  “Sorry to wake you, Jody. I know you worked late, but I need to talk to you.”

  “It’s okay,” he replied. “What’s going on?”

  “Mrs. Gioberti isn’t dropping her complaint. There’s a hearing scheduled for Friday. Judge Orlani said she may be able to cancel it if you come in and speak to her before then.”

  His silence was telling. “Shit, Shawn, I really don’t want to. You know she doesn’t have a case. Don’t you think you’ll succeed at the hearing?”

  I hung my head. He wasn’t going to come through for me. “So if you’re not willing to talk to Judge Orlani in private, then you’ll also refuse to attend the public hearing, right?”

  “Well, yeah. I’m sorry, but I’m just not comfortable…”

  “You’re not comfortable?” My voice was louder than I’d intended, so I took a deep breath before continuing. “How the hell do you think I feel, Jody?”

  “They’ll have to take your word over hers, right? You’re a judge, after all.”

  “That doesn’t matter. Judge Orlani has to be impartial.”

  “She’s crazy. The judge will have to see that.”

  “Even if I do win, it’ll still be on my record, Jody. I really don’t want that.”

  He didn’t respond.

  “Okay, make sure I got this right. You aren’t going to help me, are you?”

  “Shawn, I just don’t think it’s necessary.”

  “Thanks, Jody,” I snapped. “Thanks for absolutely fucking nothing.”

  “Shawn, I understand your anger, but that doesn’t mean we can’t see each other again.”

  I snorted. “Are you fucking serious? You can’t—won’t—help me, but you want to keep dating!”

  “Well, yeah. I really like you.”

  “Jody, you really need to grow the fuck up. I really like you. I thought maybe we had something.”

  “We do,” he insisted.

  “Not if you won’t help me. We have nothing. Let me be perfectly clear. I don’t want to see you again. Have a nice life.”

  “Shawn, wait.”

  I didn’t even hesitate. I ended the call and set the phone down. Jody rang back a second later, but I let it go to voicemail. When he didn’t stop, I turned off my cell phone.

  Unable to concentrate, I grabbed my stuff and strode out of my office. “Cancel everything for the rest of the day, Gerald. I’m not feeling well.”

  “Oh, okay, I’ll take care of it.”

  I didn’t head home because Jody might decide to go there if he found out I wasn’t at work. Instead, I went to a park, found a secluded spot, and lay down in the bright green grass. Looking up at the trees reaching into the sky, I allowed the breeze to wash over me.

  I should’ve recognized the warning signs early on with Jody. I’d known he ran at the first sign of trouble. I’d hoped to avoid any major issues until our relationship was on a more solid footing. I’d also hoped it would be different with me, that maybe Jody would step up and not dash like a runaway bride.

  As if I was somebody special.

  I should’ve known the first guy I dated after Scott wouldn’t be serious. The rebound guy never is, after all. But I’d been foolish enough to think otherwise, to think that Jody and I could have something long-term.

  It was a good thing I hadn’t fallen in love with him. I was in the process of falling, but I wasn’t there yet.

  Closing my eyes, I focused on the nature around me and let thoughts of Jody blow away like leaves in the wind.

  CHAPTER ELEVEN

  THANKFULLY, JODY STOPPED CALLING ME by the next day. He’d left several voicemails, but the final one said, “I’m sorry I couldn’t be the man you want me to be. I wish things had been different.”

  The next couple days went by in a fog. I presided over cases and did what I had to do, but there was no joy in anything I did. Not only did I need to get over Jody, but I also had to worry about the goddamn hearing on Friday.

  Dana and Gerald both tried to talk to me about what was bothering me, but I didn’t want to tell them what had happened with Jody, mainly because I felt like a fool for letting him into my life. Nights were long and lonely. That was when I thought about Jody the most. Even swimming in the pool made me think of him and our midnight skinny dip.

  Friday finally came and I prepared myself for whatever was going to happen. I was the first person in the conference room where the hearing was taking place. Mrs. Gioberti arrived next, along with the court reporter, Ethel. I greeted Ethel but said nothing to Mrs. Gioberti. She shot me a scowl. I gave her a fake smile in return, and she huffed like I had flipped her off.

  Judge Orlani and Dana were the last to get there. Judge Orlani’s bailiff was off that day, so Dana took his place. It was comforting to have a friend in the room, though I hated the idea of her knowing the story. After all, she had encouraged me to date Jody. I didn’t want her feeling bad or blaming herself.

  I stood when the judge entered, but she waved a hand. “Have a seat. This isn’t a courtroom, though it is an official hearing.”

  Dana swore me and Mrs. G in, both of us swearing to tell the entire truth.

  “Welcome,” Judge Orlani said. “We’re here for a complaint lodged by Margaret Gioberti. You’re accusing Judge Shawn Rosen of misconduct. Is that right?”

  “This man”—the old woman pointed at me—“he is a lying liar. He ruled against me because he was sleeping with my neighbor, Mr. Jody Jacobsen.”

  “This was a small claims hearing, wasn’t it, Judge Rosen?”

  “That’s correct,” I answered.

  “I’ve reviewed the transcripts,” Cathryn said. “Will you both accept those as evidence so we don’t have to review what happened?”

  “Yes, your honor,” I answered.

  “Sure.” Mrs. Gioberti shrugged.

  “Judge Rosen, is it true that you and Mr. Jacobsen are in a relationship?”

  “A homosexual relationship!”

  As if that needed to be clarified.

  “We were in a relationship until a few days ago,” I answered.

  Everyone gawked at me like I’d just removed a mask and said, ‘I would’ve gotten away with a crime if it weren’t for those meddling kids,’ like an episode of Scooby-Doo. Dana looked especially sad, just as I’d expected.

  “When did the relationship begin?” Cathryn asked.

  “I ran into Jody the evening of the hearing. That was the first time we’d seen each other outside of the court room. I’d never met him before that day.”

  “You are a liar,” Mrs. G spat.

  “Be quiet, Mrs. Gioberti. You’ll have your chance to speak.” She turned back to me. “Go on.”

  “Jody and I spent the night together but didn’t see each other for another week. That was when we began dating.”

  “Do you have any evidence to prove your claim?”

  “Just my word.”

  “Where is Mr. Jacobsen?” the judge asked.

  “He didn’t want to come.”

  “Because he didn’t want to lie in court.” The old biddy turned to the judge. “I have proof they were together before.”

  Cathryn sighed. “What is your evidence?”

  Mrs. Gioberti handed a file to Dana, who handed it to the judge. She examined it then instructed Dana to show me the images.

  “What do these pictures show?” the judge asked.

  “It is t
hat man leaving Jody’s place. Sneaking out like a guilty person. The date shows it was before the hearing.”

  The picture showed a man my approximate size stepping out of Jody’s door. However, his face wasn’t visible.

  “This isn’t me,” I spoke up. “This could be anyone.”

  “Liar!”

  I glared at Mrs. Gioberti, wishing greatly she would shut the hell up.

  Behind me, the door opened, and someone spoke. “Your honor, I’d like to speak on behalf of Judge Rosen.”

  Dana smiled, and if I hadn’t recognized the voice, I would’ve known who it was based just on her reaction. I turned and looked into Jody’s beautiful green eyes.

  He mouthed the word ‘sorry’ before returning his attention to Cathryn. “My name is Jody Jacobsen.”

  “I figured as much,” the judge replied. “Why don’t you stand next to Judge Rosen and tell me what you have to say.”

  He pushed past the swinging gates and touched my shoulder as he walked past me. He glared at Mrs. Gioberti, who scowled in return.

  “I didn’t meet Judge Rosen until that day in court. We ran into each other later that evening at the Speakeasy. It’s possible my neighbor is mistaken, but I suspect she is outright lying.”

  “You are the liar!”

  Jody chuckled and winked at me. “If I may. I have proof Shawn and I are telling the truth.” He held up a CD. “This is video footage taken from the Speakeasy the night we met. It’s just outside the bathroom, so there’s video and audio. The owner has trouble with guys doing things in the bathroom they aren’t supposed to, so he installed the security camera in an attempt to get their names.”

  Cathryn nodded to Dana to get the CD. “We can use my laptop to play it.”

  After getting the CD from Dana, Cathryn popped it into the disc drive. A moment later, the screen showed me sitting alone, then proceeded to capture every moment of our first meeting outside of the courtroom.

  “Your honor,” Jody said, “I was scared to come forward today, not because I was afraid to tell the truth, but because I try to avoid anything truly serious. I usually run from things like this.” He turned to gaze into my eyes. “But I couldn’t do that to Shawn. He’s a good man and an excellent judge. He doesn’t deserve to have this done to him. Regardless of what happens with us, my nosy neighbor shouldn’t be allowed to put a mark on his record.”