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!
Chapter 46
Captain Fin
Hope is a gift,
Love is a treasure,
And FAMILY is forever!
Hank and Hannah Gunner together at last!
~ Lindsey Rawling ~
Ribbons and balloons filled the hospitality room at Hannah’s and Kathy’s apartment complex. A cake placed on the center of a table was surrounded by finger foods, punch, beer, and wine. Hannah, Kathy, Cash, Lindsey, Nigel, Sandy, Nate, and Sharon were among the guests crammed into the room.
“They’re here!” whispered Hannah excitedly. “Hurry. Turn off the lights!”
Giggles and whispers were all you could hear as people unsuccessfully tried to hide in a room with limited places to do so. Michael opened the door, and Hank followed him into the dimly lit room.
“Surpriiiiiiiise!” everyone yelled.
Hank studied every face of those present, recognizing most, but unfamiliar with a few. How he had aged and missed so much over the years. Hannah approached him with Cash by her side. Beaming, she held out her hands and in it was the conch shell that he had given her so many years ago.
“I told you I still had my magical shell!” She giggled and placed it by his ear. “It still works—hear the ocean, Captain?” Hannah laughed. “I couldn’t resist!”
Laughing, he reached up and took the shell out of her hands. He held it firmly against his ear and listened as the air swirled around and around. She was smiling, just like she used to, and he couldn’t believe this beautiful young lady who now stood before him used to be his little girl. Wrapping his arms around her frame for the first time in years, he hugged her as tightly as he could without hurting her. To his relief, she hugged him back. Tears ran freely down his cheeks as he buried his face in that mass of hair, and he felt no shame in being so emotionally overwhelmed. No words were exchanged; there was no need. Hannah held on to him as if she was afraid he would be taken away once again, and he held on to her as if he was scared to let go. Cash stepped back a bit and let them be, while Lindsey pulled out her phone and snapped a photo of the two. Posting it on her story, she captioned the touching moment: Hope is a gift, love is a treasure, and FAMILY is forever. Hank and Hannah Gunner together at last!
“There’s someone I’d like you to meet,” Hannah whispered. “Please be nice.”
Hank’s eyebrows rose as he waited for the introduction. Hannah reached out and pulled Cash toward her.
“Dad, this is Cash.” She turned to her boyfriend. “Cash, this is my dad.”
Reaching out to shake Hank’s hand, Cash waited for a firm death grip to intimidate him. Pleasantly surprised when a strong but normal handshake reciprocated his, he finally relaxed. The vivid memories that Hannah had shared of the Captain popped into his head as they spoke and, despite trying not to picture him with a sword in his hand, Cash was struggling not to see a pirate
standing before him.
“Nice to meet you, Cash. An unusual name that, Cash.”
“Yes, sir, it is. It’s a nickname. Grayson Parks is my given name.”
“Ah ha! Nice to meet you, Grayson!”
And there it was! Cash could’ve sworn he heard the Captain, the one Hannah had so often described. Trying to focus on what Hank was saying as they spoke, Cash continued to make small talk. Noticing that Hank always had an eye on Hannah throughout the entire evening made Cash a tad nervous.
“Can I have everyone’s attention, please?”
The room fell silent, and Nigel made a toast to honor Hank and his release. Hank raised his beer, which tasted unbelievable after all those years, and made another toast to his legal team.
“I can’t begin to thank you, Nigel, for taking on Nate’s project and talking Michael into helping you help me—for free, I might add.” Everyone laughed.
“I will, however, make a substantial donation to your firm as soon as you obtain my funds from the state!”
“We’re on it!” Michael laughed.
They cut the cake, had a few more drinks, and started to say their goodbyes for the evening. Hannah had insisted that he stay with them, but he had convinced her that the nearest hotel would be best until he was on his feet.
“That’s not fair to Kathy,” he’d insisted. “And, this might not make sense to you, but I don’t think your momma would approve.”
Captain Fin Page 31
