Wicked Awake

by Merrill David

  Jake sat – still dumbfounded by the way he was being portrayed and that the prosecution was weaving their lies into their arguments to manipulate the jurors into accepting this was not self-defense. Needing a brief respite from the corruption, he looked over his left shoulder to see his lovely lady sitting just three rows behind him.

  Amanda appeared trance-like, probably in shock from the venom that was being slung about the room. Amanda looked at the heavily shackled Jake and fought back tears, mouthing the words “I love you” for Jake alone to lip read. Jake instantly found himself wandering off to a happier place and time…

  Philly Fogg's restaurant, San Diego California (9 years earlier) It was July 19th. Marine 1st Lieutenant Jake Hathaway was being promoted to captain, a rank he had been trying to obtain for quite some time. That evening, Jake and some Corps buddies decided to enjoy a night out on the town and to celebrate the substantial promotion.

  The rowdy Marines found their way to a sports bar not far from downtown called Philly Fogg’s. This bar/restaurant featured a British-style food menu including fish and chips, Irish stew and shepherd’s pie. Also, in stock was a large variety of worldwide beers.

  The place was hopping, and the food was quite tasty. But Jake was not one who enjoyed being the center of attention. And this being Jake’s party, and guys being guys, his comrades were yucking it up and doing just about every stupid thing possible, cutting up like crazy.

  These were good dudes. They meant well. But Jake missed some of his buddies from back home in New England. He recalled a few fun evenings from the past with his Yankee pals (referring to friends from the Northeast, not the baseball team not that baseball team). They were all regulars at another sports bar, the best and most notorious one in Boston– the Cask 'N Flagon. It was located right outside of Fenway Park.

  Jake recalled stopping in there at times, sucking down a few Sam Adams beers before heading up the street to take in a Red Sox game. Quickly his mind was brought back to the barstool where his body was propped, as an icecold stream of West Coast ale was poured from a beer pitcher onto the top of Jake’s brown high and tight buzz cut. The beer streamed down his cheek, waking Jake up from his Fenway trip.

  Jake was highly agitated by this prank. It had crossed the line of good-humored harmless horseplay. He quickly stood up and turned to look behind him to figure out which jester he was about to beat down. Behind Jake stood Danny Camacho, one of the newest members of the 11th MEU.

  “What the fuck, Camacho -you fuckin asshole?!“

  “Baaaaaahaaa!!”

  Camacho began laughing loudly and hyena-like, not so much because he thought it was funny but more so because that was just the kind of person he was.

  Camacho was like the anti-Jake, who loved nothing more than attention from wherever he could draw it. Everyone in the sports bar turned toward the cackling sound coming from Danny’s pie - hole. Many of the other women in the establishment began to watch him and were quite attracted to the show. Some even considering taking a spin on the Camacho amusement park ride. He was a good-looking dude with dark brown hair, medium complexion, and a body built by Jake (not Jake Hathaway - that other Jake guy that used to be on the fitness commercials).

  One person sitting in the bar was not so impressed with the Danny fiesta that was unfolding around her. She did not even do so much as glance over at the spectacle. She was the type who would drive past a train wreck or rolled over SUV and not look at them because everyone else was doing it (and they were causing traffic to slow down by doing this, so she was getting pissed off).

  Her name was Amanda McKnight. A gorgeous twenty-three-year-old long-haired brunette with sizable brown eyes, this Fort Worth, Texas, native was 5’5” and weighed about 130 pounds. She was the offspring of a Caucasian mother and a Hispanic father who decided to go out for a pack of smokes and never return when Amanda was just three years old.

  When her father split, Amanda’s mother had a difficult time dealing with the separation and requested her mother, Ava’s grandmother, to watch over the young girl for a couple of years. Eventually Amanda’s mother remarried a Caucasian man, Amanda rejoined them, and they moved to the southwest Dallas neighborhood of Oak Cliff, an area known for its crime, poverty, gang violence, and Stevie Ray Vaughn.

  Amanda had no choice but to quickly acclimate - to learn how to put on a tough appearance in order to survive and not be eaten alive in this rough part of town. Amanda became a very popular figure at Sunset High School where she was on the yearbook staff for two years and a cheerleader for three years, before being accepted to attend San Diego State, which brought her to the West Coast.

  Now this brown-skinned beauty was dressed casually in a modestly cut pink blouse and a tight pair of designer jeans. She sat among three other women at a small round table in the corner. Amanda was easily the prettiest girl in the bar but did not know it. She was comfortable with and accepting of the fact that she was attractive, but by no means did she act like she was the hottest babe in the place, which she was.

  Unintentionally, she caught Camacho’s eye (and everyone else’s - including the newly promoted captain) although it was not in her game plan.

  Amanda was much like Jake - cool and fun but in a low key, under the radar manner. She didn’t like to be the ce nter of attention, really didn’t like going to places like this because she was uncomfortable around large crowds. But she was dragged there that night by her friends who were celebrating her birthday.

  What Amanda did likewas ‘80s rock music, Mexican food with margaritas, the Dallas Cowboys … and Jake. She had been eyeing him from afar all night long.

  Jake had noticed Amanda as well, but figured she was in a league all her own - way too good for him and she had to be seeing someone… Camacho strolled toward Amanda’s table, and he began to remove his shirt. He started dancing and gyrating around like out of those Chippendale dancers might have done before they learned how to dance - and if they were on crack. Danny had no rhythm at all and was also quite tanked.

  He made a veil attempt at singing the Def Leppard song “Pour Some Sugar on Me” … and he was staring directly at Amanda, obviously aiming the lyrics toward her. He was making overly suggestive gestures, pointing at the dazzling brunette and then pointing toward his package and acting as if he were air-humping.

  Amanda felt compelled not to pay the boisterous one any attention. He was like a bad car crash- a train wreck.

  Danny was fortunate with his choice of music. Amanda did dig her some Def Leppard. She did not, however, appreciate the way he was butchering the song, or much else from this performance for that matter. Jake was also noticing the disgusting display. He was a few sheets to the wind and still pissed off about the beer poured over his head. Jake stood up and began to walk in the direction of Amanda’s group celebration where Camacho was still shaking what he had.

  “Yo, Camacho , what are you supposed to be a circus monkey? Where’s your organ grinder?”

  Camacho, not happy that his mating ritual had been interrupted, chimed in.

  “I got an organ for you to grind on!!!”

  He used both hands to shove Jake backwards, sending Jake landing on his ass on the floor in a puddle of beer and God knows what else. Jake stood up as quickly as his wobbly drunk body could propel itself. Jake and Danny stood face to face, eye to eye. Two large muscle-bound Marines with nothing in common but their assignment in the Corps and both being plastered.

  And that twinkle in the eye of that fine lady Amanda. It was that spark that they both sought t o obtain. Without hesitation they both made ready to settle their differences right there and then, clenching fists and preparing to battle as was done back in the Gladiator days.

  Three burly surf boarder looking bouncer dudes - almost as large as the two Marines - ran up and grabbed the two adversaries by their collars and escorted them to the front door, then shoved both men outside onto the sidewalk.

  There the combatants prepared to continue the clash o
f titans. Amanda and her friends exited the bar and walked outside, then began attempting to hail a cab.

  Danny quickly lost interest in the epic battle. “Ladies -hey ladies, you don’t need a cab, I can give you a ride … or at least one of you I can!!! I’ll take you home, beautiful, but your ugly friends are on their own…” Camacho squawked as he stared at Amanda.

  Amanda whispered something to her girlfriends then strolled over to the concrete octagon where Jake and Danny were squaring off seconds earlier.

  Confidence overwhelmed Camacho, who anticipated that he would soon be taking the sexy brunette home and then probably getting some action after that. Camacho took his car keys out of his back jeans pocket and was about to point her towards his vehicle. Amanda, clutching a small piece of paper between her right index finger and thumb, instead obtained entrance into Jake’s space with her pleasantly perfumed presence.

  Amanda put her left open palm on Jake’s six -pack abs and then with her other hand, she tucked the paper note into Jake’s front right jeans pocket, securing the document deep in the pocket. Amanda’s whole hand was in Jake’s pocket now as she seemed to be either playing pocket pool or just protecting the note from being dislodged prematurely.

  Her girlfriends were able to get a blue and yellow Charger Cab stopped and Amanda recognized this as her curtain call. Planting a peck on Jake’s right cheek, she made sure that Danny was paying close attention as she said,“I’m Amanda call me.”

  Then, with her not trying to be sexy walk - but failing – she strutted her stuff over to and into the cab. Camacho and Jake watched as the taxi slowly drove away.

  Chapter Seven - Meat and Greet

  Earle Cabell Federal Building and U.S. District Court, Downtown Dallas (Present Day)

  Prosecutor Ferron stood from his chair and began to walk toward the jury as he contemplated his next strategic move.

  “Now let’s talk about the physical evidence we have in this case. Physical evidence doesn't lie. This is a very, very compelling physical evidence case. “The FBI responded to this scene within a matt er of minutes. Inside the house they collected bloody fingerprints from the baby’s highchair, a large kitchen knife, the cardboard birthday cake box, and a living room wall. Whose fingerprints did these come back to after running comparison tests? The defendant - Jake Hathaway.

  “The blood in the prints was not his, but that matched up through DNA analysis as being the blood ofhis first victim, Holly Hathaway, Jake’s own sister-in-law. “Agents found pieces of skin tissue in the dining area from where his victim Holly had tried with all her might to scratch her attacker in a failed attempt to defend herself from the onslaught. More of the defendant’s skin was found under Holly’s fingernails and even on her teeth.

  “That is how desperate this woman, Holly, w as in trying to save herself. She had to resort to biting her assailant when scratching was not effective. Unfortunately, the biting could not save her either. (Dramatic sigh). This skin contained DNA that was tested to be Jake’s.

  “And lastly, we have the Marine issue Ka-Bar fighting knife with the seven-inch carbon steel blade. This was the very instrument of death that Jake used to thrust into the forehead of his brother Rich, killing him instantly!

  “And on the knife handle is the DNA from Jake’s sweat, as well as his fingerprints. And on the blade is the blood, skin, and hair that contain DNA that tested to be Rich’s. “Some evidence such as witness testimony may be contradicted. You saw the defense team try to create some confusion in your minds by offering their so-called version of what really happened on that fateful day. However, physical evidence is not that way” Ferron said.

  “When you have fingerprints, when you have DNA evidence, when you have skin and blood samples placing the defendant at the crime scene like we have in this case, none of those have been contradicted.

  “You have not heard anybody take the stand and say, ‘no, that wasn't his fingerprint.’ Or, ‘no, that wasn't really his knife. No, that really wasn't his DNA, blood and skin.’ “A nd of equal importance was the fact that no other physical evidence from anyone else identified or not identified - was found. None. Meaning no one else was there to help with or commit these unthinkable crimes. It was Jake Hathaway. And no one else. Uncontradicted.

  “I say that because in our instruction to you, we talked about our responsibility of proving the defendant’s guilt beyond a reasonable doubt. It's not necessary that the elements of the offense be proven by direct evidence alone, it can be proven by circumstantial alone or combined with direct. But with this case - you have it all.

  “You have witnesses that testified before you that Jake is the killer. You have circumstantial evidence provided by witnesses as well. “And finally, but not least of all, we have a confession. After the FBI agents picked Jake up at his workplace, and the previously mentioned evidence was seized from him, agents interviewed Jake in a recorded session. You heard that audio recording. You heard Jake say that he and he alone killed both Holly and Rich.

  “He tried to say that he was defending himself -that he had no choice in the matter. That’s absurd! Defending himself? From a young mother who was feeding her one-year-old boy some birthday cake. Please…” Ferron rolled his eyes.

  “Bu t most importantly, you have this undisputed physical evidence that just stands up on its own merit. It all points directly at that defendant and screams ‘beyond a reasonable doubt – HE IS GUILTY!!!’”

  Ferron stood up and enthusiastically pointed at Jake to add a dramatic flair to his last statement. “This is a simple case of love and sex and jealousy. Jake had an affair with his sister -in – law … I know -pathetic, isn’t it? Then when she shut the relationship down, he couldn’t stand it. He was so eaten upwith jealousy that he decided that if he couldn’t have Holly, then no one would.

  “He went to her house to murder her in cold blood, and when Rich happened to show up, Rich tried to stop the killer of his wife - his own brother! And where did this get him? Dead –that’s where.

  “Because Jake is a cold-blooded killer, and he destroyed the life of his brother without even a second thought. He had no hesitation whatsoever. Hard to believe, but it’s true. “So now the case is about to go to you so you may do your part. The overwhelming evidence before you prove Jake to be guilty of two counts of capital murder and one felony kidnapping charge. And folks, that is what we ask you to do - return a verdict of guilty on all four of these charges.

  “Than k you for your attention and thank you in advance for handing out justice on behalf of these victims, their families, and everyone in Dallas, Texas. Everyone in America, for that matter. God bless you all.”

  Jake was escorted to his accommodations, otherwise known as block C, cell #52, in the Lew Sterrett Justice Center (the Dallas County Jail), where he spent what could turn out to be his final evening of captivity before learning his fate.

  He fully anticipated that the following day he would find himself back in his seat at the Earl Cabell United States Courthouse and hearing the jury foreman read aloud before God and all mankind that he was not guilty of any of the murders he was charged with - that he was merely defending himself and protecting baby Carson from harm.

  But Jake had to be realistic too. There was the chance that the jury could be duped and buy into this crock-of-shit theory that the prosecutors and Feds were dishing out. Jake lay flat on his back on his cell’s bed (a block of concrete w ith a half-inch cushion on top disguised as a mattress). Realizing he may never be able to enjoy the warmth and compassion of being in the unconfined presence of the love of his life, Amanda, ever again.

  He began to reminisce about their earlier days and the months following their initial meeting during his promotion party years earlier.

  San Diego, California (9 years earlier) Leaving Philly Fogg’s that night, the newly promoted captain was feeling pretty good about himself and his life in general. Not only had he just received a promotion in the career of his calling, he had just sco
red him the phone number of that exquisite lady that he had been admiring all night from afar.

  Jake waited a couple of weeks before even coming close to calling Amanda. Although he had not called sooner for fear of sounding too eager, he could not wait to see her again. Jake finally contacted the lovely brunette on a Monday night, and they made plans to see each other the following Friday evening.

  That first date went off without a hitch. It went so well that it was followed up by several more, and before they knew it, six months had transpired. On a chilly January southern California evening, the second Friday night since they met, Jake picked Amanda up at her apartment. He was driving an army green unenclosed Jeep that he had borrowed from the base.

  “Where are we going tonight?” she inquired.

  This Friday night would soon deviate itself from the previous ones.

  What are you doing?” Amanda queried, as Jake tied a dark handkerchief over her pleasingly bulbous brown eyes.

  “I don’t want you to see which direction we are headed. I’m going to show you something I’ve never shown any other woman” Jake said as he began to drive.

  “Your evil Siamese twin?” Amanda asked. “Haaa, funny.No.” Jake replied.

  About twenty minutes later, the Jeep came to a squealing-brakes stop. Jake removedAmanda’s blindfold, revealing what appeared to be a military base with armored planes, trailered sea vessels, and brown and green camouflaged ground vehicles gathered all around.

  “I decided to finally take you home with me” Jake pronounced with a smirk on his face. “Welcome to Camp Pendleton!”

  The two were alone in the outdoor vehicle and equipment storage facility. A brilliant full, red blood moon shone down in all its glory upon the love-struck couple.