Vanessa sat in the crowded courtroom between her mother and Laura Hardy. She was doing her best to try to stay calm fighting off the growing panic she was feeling.  Since the rape, other than her daily sessions with Dr. Jennings, she had left the apartment exactly twice to go out in public.  The first time was to see Shauna in the hospital and she had been with Joe – the only person she really felt safe with.  The second time was the previous night when she went to the police station to find out what had happened to Joe.  At least she had gotten to see him and spend a few minutes with him.  Today, even though she was with family and friends, she felt very alone and very scared.

Now sitting in the small courtroom surrounded by strangers, she could feel a panic attack coming on.  She had lost count of how many bail hearings had already taken place as she sat waiting for Joe’s name to be called.  Each time it was not, she lost a little more of her composure.

Gripping the armrests on the chair, she focused her attention on the nameplate on the judge’s desk, trying to calm herself.  Someone in the row behind her was trying to squeeze by and inadvertently brushed up against her.  She almost jumped out of her skin.  She felt her heart start to race the way it did when a flashback was imminent.  Her breath started coming in short, little gasps.

‘Not now!  Please, not now!’

She could not afford to have a flashback.  Not here.  Not now.  Joe was the only one who knew what to do for her when the flashbacks came and he was nowhere to be found. Closing her eyes, she tried to slow her breathing.   Remembering Dr. Jennings advice on dealing with the sudden, frightening memories, she pictured their apartment in her mind.  Taking slow, deep breaths, she created a mental picture of herself curled up on the couch next to Joe, his arms wrapped protectively around her.  She pictured the front door and sliding glass door, both locked and dead-bolted.  She focused on how she felt when she was at home – safe and protected where no one could hurt her.

‘I’m safe.’ She told herself.  ‘I am surrounded by people who love me. They won’t let anything happen to me.  I am safe.’

Slowly she opened her eyes and was pleasantly surprised to see Frank smiling back at her.  He and Fenton had been out attending to last minute details of getting Joe out on bail.  He winked at her and gave her a thumbs up before turning back towards the front of the room. 

Vanessa followed his gaze to the front of the room and her heart leapt.  Joe was seated at the defense table next to Andrew Worth!  She had been concentrating so hard, she hadn’t even heard his name being called. He was now staring at her, worry and concern written all over his face.  He had seen her through many flashbacks since the rape and even though no one else around her knew what had just happened, Joe did.  She smiled at him and mouthed ‘I love you’ hoping to reassure him that she was ok.  He smiled back at her, and then turned to face the front of the room.

“What are the charges?” the judge asked, looking at the two men seated at the prosecution table.  District Attorney Dennis Seevers, in his early forties with curly dark hair, and steel gray eyes was seated next to Alex Waugh.  Alex, who was about ten years younger than Dennis, had dark blond hair and brown eyes and had been assigned to the case when Edward Bennett had been removed.

“Second degree murder, your Honor.” Dennis addressed the judge.

Judge O’Donnell looked down at something on his desk then looked up again, perplexed.

“Counsel, please approach the bench.”  He said addressing both Dennis and Andrew.

The two men stood and approached the bench, looking slightly confused.

Vanessa watched as Frank and his father exchanged a worried glance accompanied by some agitated whispering. She held her breath.  They had not been expecting any problems and anxiously looked back at the bench.

“Mr. Seevers,” O’Donnell began speaking quietly so as not to be heard by everyone in the courtroom.  “The charge listed here is first degree murder.”  He pushed a paper across the desk.

Picking it up, Dennis quickly scanned the information on the sheet as Andrew read over his shoulder.

“Damn you, Bennett.” Dennis said under his breath.  He looked at Andrew.  “Sorry about this.”  Turning back to the judge he continued,  “I apologize, Your Honor.  One of my assistants filed the charges last night, before consulting with me or one of his senior ADA’s.  I spoke with him very late last night and instructed him to reduce the charge.  Apparently, there was a miscommunication.”  He concluded.

Judge O’Donnell checked the name of the attorney who filed the charges and then looked at the prosecution table.  Noting the absence of Edward Bennett he asked, “If Mr. Bennett was the lead attorney on this case and filed the original charges, why isn’t he here with you today?”

“Conflict of interest, Your Honor.  I removed him from the case.”

The judge shook his head and frowned.  “This is highly irregular, Mr. Seevers.  I think it’s best if we postpone this bail hearing until you can get this straightened out.”

Watching from her seat, it was obvious to Vanessa that there was a problem.  Leaning forward, she tapped Fenton on the shoulder.

“What’s wrong?  This didn’t happen during any of the other hearings.” She asked anxiously.

“I know, honey.”  Fenton patted her hand reassuringly.  “Try not to worry.  I’m sure they’ll get it all straightened out.” He said, hoping he sounded convincing.  ‘What can possibly be wrong now?’

Back at the front of the room, Andrew decided to take a chance and addressed the judge.

“Your Honor, with all due respect, this case has some very extenuating circumstances,” he said glancing back at Vanessa.  “We would like to conclude the bail hearing as quickly as possible.  I spoke with Mr. Seevers this morning and understood the charge would be second-degree murder.  We are ready to plead these charges.  If we can do so now, I have every confidence DA Seevers will get the paperwork corrected as soon as possible.”

“Your Honor, if we can complete the hearing now on the second degree murder charge, I assure you your court docket will be corrected immediately.  All the other documents have been filed with the correct charge.”

Judge O’Donnell sat back in his chair glancing at Vanessa as he did so.  Seeing the worry and anxiety on her face his heart went out to her.  He realized postponing the hearing would only add to the emotional strain she was already dealing with.  He had a granddaughter about her age and shuddered at the thought of her having to go through something like this.

“Very well.  Let’s proceed.”

Relieved, Dennis and Andrew returned to their respective tables.

“What’s wrong now?” Joe demanded anxiously when Andrew sat down.  He had been watching Vanessa for the past few minutes and knew if the hearing was not completed soon, she was going to lose it.

“Just a mix up in the paperwork, Joe. Don’t worry, it’s been taken care of.”

Leaning back towards Fenton, Andrew simply said “Bennett.” and shook his head in disgust.

“Mr. Seevers, could you repeat the charges, please.”  Judge O’Donnell requested.

“Second degree murder, your Honor.”  Dennis Seevers repeated with authority.

‘Murder.’  The word echoed in Vanessa’s mind.  She wanted to jump up and tell everyone that Joe was kind and sweet and loving and caring and was totally incapable of murder under any circumstances.  He had desperately wanted to be out on the streets day and night, searching for the man who had raped her, but instead he stayed by her side showing nothing but compassion.  He was gentle and thoughtful and she was sure he was the only reason she had kept her sanity since this whole horrible ordeal had started.

“How do you plead?” the judge asked of the defense.

Vanessa saw Andrew stand up and listened intently to what he was saying.

“Not guilty, Your Honor and we would like to request bail.  Joe Hardy was raised here in Bayport. This is his home.  His family and friends are here.  His fiancé is here.  He will voluntarily turn in his passport and agree not to leave town.  With all due respect, your Honor, he is a minimal flight risk at best.”

Judge O’Donnell looked at Seevers who stood once again.

“We have no objection to bail, your Honor.  Given the severity of the charges, we request bail be set in the amount of five hundred thousand dollars cash.”

“Very well.” O’Donnell said.  “Bail is set at five hundred thousand dollars cash.” He said, effectively ending the proceedings.

Joe turned, searching for Vanessa in the rows behind him.  He saw her and their eyes locked.  They looked at each other in panic.  Where in the world were they going to come up with half a million dollars in cash?

The Hardy Boys belong to Simon and Schuster and the Stratemeyer Foundation, The authors have just borrowed them for an adventure or two. The authors promise to put the boys back when they are done with them. The authors do claim copyright to the original characters in this story. Please do not borrow them without expressed permission of the authors.