Ben, in Deep Shit

a Story by Varangian

Fall, 2006

�Plea bargain?� Nathan! I never touched that girl, even if I was the man in her life.�

�The prosecutor has offered a deal, Ben, which means they probably don�t have an iron-clad case.� Still, we�re talking about twelve years.�

�Twelve years!� Christ, I�d be forty-eight then!�

�It�s better than twenty-five years in the slammer.� This case has gotten a lot of publicity, and both the prosecutor and the likely judge are up for reelection.�

�So I should endure twelve years of slavery?� No way, Nate.� I�ll take my chance with the jury.�

�That�s not wise, Ben.� The jury won�t be favorable, considering you�re the owner of a porno bookstore and video shop.� And how would you explain that the girl is not a virgin, considering, as you said, you were the man in her life?�

�You�re the lawyer, Nate.� There�s no evidence that I popped her.�

�The girl said you did.�

�To that bitch of her mother, or so the mother says.� It�s just hearsay.� As you�ve told me, the girl hasn�t said anything to the cops about me.�

�Yeah, I know, but she�s under huge pressure to nail you.� I expect she�ll crack before the trial.�

�Nate!� I didn�t do it!� If you don�t believe me, maybe I should get another lawyer.�

�I don�t believe you, Ben.� We�ve known each other for twenty years, since high school, and you�ve always ogled little girls and remarked to me about their thighs and titties, or lack thereof.�

�It�s an esthetic thing, Nate.� I love female bodies that are in the process of development, but that doesn�t mean I�d actually touch, much less fuck one.� I�m a responsible person.�

�The jury will see you as a pornographer.� That�s not promising.�

�The cops raided my house, Nate.� They took my computer.� They haven�t charged me with kiddie porn, because all my stuff was legal.�

�It still won�t go over well with the jury.�

�You�d let the prosecution introduce evidence about my videos of butt-fucking adults?�

�No, Ben, but the jury already knows.� It�s been all over the papers.�

�Let me tell you the real reason for this, Nate.� Gloria, the girl�s mother, has it in for me.� We saw each other for a couple of years, then I took up with another woman.� Gloria is trying to get back at me.� It�s as simple as that!�

�I sorry, Ben, but you aren�t convincing.� Your background and the girl�s testimony ��

�Testimony!� The girl has said nothing about me to the authorities.� It�s just her mother�s word!�

�That counts for a lot, Ben, especially because she�s a sober, Christian woman.� The jury won�t believe she�d lie about this.�

�I�m being railroaded!� Can�t you introduce into evidence the fact that I�ve always preferred grown women with large tits and fleshy thighs?�

�How could I do that?�

�Maybe by mentioning the lack of kiddie porn.�

�I don�t think it would help, Ben, although I�ll try it.�

�Christ, Nathan, you�ve got to believe me!� I�m stuck here in jail on a million dollar bail.� Do something!�

Nathan Edelstein remarked, �I think you should consider the plea bargain, Ben.�

* * *

�Just twelve years old!� the prosecutor exclaimed to the jury.� �The poor kid has lost her innocent childhood!� I�ll prove that Benjamin Cordine robbed her of that in his calculated seduction of this na�ve child.�

After the prosecutor�s opening remarks, Nathan rose from his chair and stepped before the jury.

�You may find it improbable that the accused is innocent in this affair,� he said, �but we�re dealing with tainted evidence.� Gloria Prochink, the girl�s mother, had an intimate relationship with the accused for a period of two years, after which he left her for another woman.� That is not an issue in this case, except that it points to motive.� Ms. Prochink, as I shall demonstrate, is a bitter woman who is in search of revenge on my client.� The girl in question has never accused my client publicly, nor to the authorities.� The only charge has been that of a scorned woman who is vindictive.�

Nathan and Ben were pleased to observe a couple of male members of the jury nodding in understanding.

During an ensuing recess the prosecutor came over to the defense table, leaned down and whispered, �The plea bargain is moot.� The girl will testify.�

Nathan shot a glance at Ben, whose hands suddenly covered his face in seeming despair.

The smirking prosecutor returned to his own table.

�You�re fucked, Ben,� Nathan said.� �You had a chance before, but I don�t know how I can save you now.�

Ben leaned forward on the table, scowling.

�What did they do to the girl,� he groused.� �They must have threatened her in some way.�

�What will she testify to, Ben?� I need to know.�

�I never touched her, Nate, not in the way this is turning out.� I cuddled her on occasion and sometimes kissed her sweet cheek.� I love her, man!�

�But she�s just a kid � twelve.�

�Is it a crime to love a child?� Gloria knew it and was jealous of her own daughter.� But I can�t understand why Tiffany would turn on me.� We�re dealing with child abuse, Nate, but I�m not the culprit.� People have threatened Tiffany somehow and terrorized her into saying things that aren�t true.�

�We haven�t yet heard the girl�s testimony, Ben, but I think you should put your affairs in order.�

�Christ, man!� Aren�t you going to fight for me?�

�I�ll do my best, but if Tiffany testifies that you had sex with her, it�s all over.�

* * *

The examination of witnesses began.

�Ms. Procaine,� the prosecutor asked, �what exactly did your daughter tell you?�

�She said that Ben drugged her then took off her clothes.�

�Drugged her?�

�Yes!� She�s just a little kid. �Why else would she undress for him?�

The prosecutor, caught unawares by the woman�s anger, asked, �How did he drug� her?�

�I don�t know, but he must have.� My baby wouldn�t have gotten naked with him otherwise.�

�Objection!� Nathan exclaimed, rising from his chair.� �That�s her opinion!�

�Agreed,� the judge said.� �Jury is instructed to ignore this testimony.�

Nate and Ben breathed deeply in satisfaction.

Nathan rose for cross examination.� He paused before speaking.

�Ms. Prochink, I understand you conceived Tiffany out of wedlock.�

�Objection!� Irrelevant.�

�Sustained!� Mister Edelstein,� the judge cautioned, �confine your questions to relevant matters.�

�Your honor, the purpose of my question was to establish that Ms. Prochink is an accidental mother, that she has had a series of sexual partners, of which my client was one.�

�Okay, I�ll permit it, but you�re walking a tight line, Mr. Edelstein.�

�Ms. Prochink,� Nathan asked, turning to the witness, �do you know who is the father of your child?�

�Objection!� Again irrelevant.�

�Over ruled.� Answer the question, Ms. Prochink.�

Gloria, a church going Christian, was obviously abashed.� She clasped her hands tightly together.� �It was a long time ago.�

�Twelve years ago,� Nathan said.� �You�re only twenty-seven.� Are you telling us that that you can�t remember who impregnated you at age fourteen or fifteen?�

She twisted her hands.� �It could have been Rob or Timmy.�

�Or maybe another boy?�

�You honor!� The defense is badgering the witness!�

�Agreed.� Mr. Edelstein, you�ve made your point.�

�I understand, you honor, but will you permit a another question, a pertinent one?�

�Within reason, Mr. Edelstein.�

�Ms. Prochink,� Nathan asked, �have you ever been betrayed by a lover before Mr. Cordine?

Gloria toyed with her fingers then looked up at the man.� �All of them, every one!� Ben was no different!�

�So, you experienced rejection on numerous occasions.� Was Ben the last straw?�� Did you decide to get even with him?�

�Objection!�

�Overruled.�

�He raped my daughter!� Gloria cried.� �That�s why I�m here.�

�After drugging her, which she did not stipulate, except for your prompting.� Did you also prompt her to testify against Mr. Cordine?�

�Objection!� No proper foundation.�

�I�m finished with the witness, you honor.�

* * *

�Your honor, the state calls Tiffany Prochink to the stand.�

The girl stared at her mother in open mouth anxiety then rose to her feet.� She wavered while proceeding to the witness stand, clutching a stranger�s shoulder along the aisle to steady herself.

She was tall for her age, five-two.� Breasts pushed at her blouse, although not dramatically.� It appeared that she had outgrown her school skirt over the winter and betrayed long, sleek thighs along with shapely calves.

�She�s so fuckable!� Ben exclaimed in an undertone.

�Christ, man!� She�s just a child!� Nathan retorted.

�I know.� That�s what kept me from doing her. �Tiffany is a kid who still sucks her thumb.� But can�t you agree that she�s gorgeous?�

�You�re sick, man.�

�Have you been neutered?� You don�t see it?� What does age have to do with anything?� Tiffany is a fuckable female.� She�s a delight!� Look at those thighs!�

�She attractive, Ben, but still a child.�

�God, Nate!� I wish I were guilty as charged.� In fact, I should have done her.� She was willing.�

�Willing?�

�Yeah, Tiffany is twelve going on eighteen.� She�s played with boys, but not all the way.�

�You know that?�

�She�s told me, not in so many words, but I think she�s sucked cock.�

�Christ!�

�Does it get us an advantage, Nate?�

�I can�t question the child about her sexual experience, Ben.� The jury would revolt!�

They watched as Tiffany gazed blankly at the courtroom, parting her legs innocently. �A male member of the jury licked his lips.� The prosecutor approached.

�Tiffany,� he asked, �would you point out Mr. Cordine?�

Although she extended a finger, she bit her lower lip in obvious concern.� It was an adorable, yet incriminating expression.

�Has Mr. Cordine ever touched you?� the prosecutor asked.

�Yeah,� she answered in a little girl voice.� �We�ve snuggled.�

�Snuggled?�

�He�s held me.�

�Against your will?�

�No, I liked it.� I felt small and warm in his arms.� He was like a dad.�

The prosecutor appeared to be somewhat upset, as though his chief witness was not keeping to a script.

�But he�s not your dad!� Didn�t you feel that he was fondling you?�

�Objection!� declared Nathan.� �The prosecution is leading the witness.�

�Sustained.� Must I remind both sides that we�re dealing with a child?�

�I�m sorry, your honor,� the prosecutor said, �but the witness has proven unpredictable.�

�Aren�t all children?�

�That may be so, but we expected a different response.� May I proceed.�

�Carry on.�

�Tiffany,� the man asked, hands clasped behind his back, �do you know about sex?�

�Yes sir.�

�How did you learn?�

�At school, mostly, listening to the older girls.�

�What I mean, Tiffany, have you experienced sex physically?�

�Yeah, sure.�

The girl, who seemed so innocent, despite her evident ripeness, squinted somewhat and smiled shyly.

�Please tell the court about that.�

�Do I have to?� she asked, squirming in her seat.

�Yes you do,� the judge said, leaning his head toward her.

�About touching myself?�

�No, Tiffany,� the prosecutor said quickly.� �We want to know if someone else has touched you.�

�On sleep-overs?�� The girl blushed.

The prosecutor turned away, took a few steps then faced her again.

�We�re not interested in that, Tiffany.� Has a man ever touched you inappropriately?

�Inappropriately?�

She darted a glance at her mother who sat in the front row of the spectators� area.

�Forgive me, you honor,� the prosecutor pleaded, �but I must reach this child, perhaps in her own language.�

The judge nodded.

�Tiffany, has a man ever touched you in a dirty way?�

�No, not dirty.� We did it in the shower.�

Feminine gasps and male guffaws resounded.

�Order!�

�Who was this man?� the prosecutor quickly asked, leaning forward in a threatening fashion.

Tiffany looked at her mom then stared at her fingers that entwined nervously.

�Who?�

She hunched her left shoulder, gazed at Ben then bit her lip.

�Who was it, Tiffany?�

�Ben,� she whispered.

�Speak up so the jury can hear.�

�Ben!�

�When did this occur?�

�The day after my birthday.�

�You had just turned twelve?�

�Yeah.� Ben said he had a special present for me.�

�What did he do?�

The girl gazed pointedly at her mother, and her facial expression was that of a person trying to remember.

�I went to his house after school.� I guess he undressed me then we went to bed.�

�You guess?�

That produced another panicky look at her mother.

�That�s what happened.� I remember now.� He put his thing inside me and it hurt.�

At the defense table Ben had been busy consulting a small electronic scheduler.

�She�s not telling the truth, Nate,� he whispered.� �I missed her birthday, because I was in California.� I was in a Sacramento jail on a DUI charge from a week before to a week after.� It�s certainly easy to prove.�

�What�s her birthday?�

�October 14.�

�How do you know that?�

�I just do, Nate.� Now go and tear her story apart.�

Nathan took a quick look at his own pocket calendar before he rose for the cross examination.

�Tiffany,� he asked, smiling.� �Was your twelfth birthday important to you?� Was it something special?�

�Oh yes, sir.�

�So you would remember if Mr. Cordine gave you a present.�

She nodded.

�Please, speak up.�

�Yes.� He didn�t give me one, because he wasn�t at the party, but he promised me one the next day.�

�At his house?�

�Yes, sir.�

�Well, Tiffany there is irrefutable evidence that Mr. Cordine was out of town on the day in question, October fifteenth.�

The girl looked flustered and stared at her mother.

�Maybe it was the day after that,� she said.

�And you say you went to his house after school?�

�Yes, sir.� I get out at three and mom isn�t home until almost six.�

�But Tiffany, the day after your birthday was a Friday.� You wouldn�t have been at school the next day, a Saturday.�

Tiffany appeared to be on the verge of tears.� She leaned forward to stare at her mother.

�Did your mother put you up to this, Tiffany?� Did she instruct you, tell you what to say.�

The girl then began to sob.

The judge said, �Perhaps we should have a recess, councilor.�

�No need, your honor.� I have no further questions.�

* * *

Ben and Nathan occupied a booth in a bar across from the courthouse.� They were on their second drinks.

�Going in, Ben, I thought you were guilty as charged, considering your penchant for young girls.�

�Tiffany is young chronologically, but like I said, she�s twelve going on eighteen.� She�s psychologically ready for an active sex life, even though the law says otherwise.�

�She didn�t strike me as being especially sophisticated, Ben.� She blew the entire case � her mother�s case.� She became so rattled and improbable in her testimony that I�m surprised the jury took as long as an hour to find you innocent.�

�She was upset by what her mother had forced her to do.� I know the kid, Nate, and she�s one sharp cookie.�

�I wonder if her mother knows who actually popped her cherry.�

�I doubt she really cares, Nate.� She just used her daughter to seek revenge for her sorry experiences with guys.� I was the unfortunate patsy.� There should be a law against that sort of behavior.�

�Do you want to sue, Ben?� I think you have a good case.�

�She has nothing, and besides I wouldn�t want to put an economic squeeze on Tiffany�s mom.� The girl has a hard enough time as it is.�

�As you wish, Ben.� I have to leave now to pick up my son at day care.� Keep in touch.�

Nathan rose, then paused and leaned down with both palms on the table.

�I must admit, Ben, young Tiffany has exciting legs.�

�Yeah, I know.� I somehow wish that I had actually been guilty.� I suspect that she�s a great fuck.� It�s a shame she�s wasting herself on pimply-faced boys.�

* * *

Ben returned to his porno shop, a large sex emporium, to learn that his employees had matters well in hand.� He ascended the stairs to his office, and just after entering it his cell phone chimed.� It was Tiffany.

�We did it!� she squealed.

�Baby, what a great actress you are!� You fooled everybody!�

�It was smart that we worked this out beforehand, in case Mom ever found out.�

�And she did, baby.� How�s she taking it?�

�She�s really pissed. �She thinks we tricked her.� She�s half way through a bottle of vodka.�

�Wait until she passes out then come to my house.� I have another special present for you.�

�Oh, yeah!�

�Make sure you come through the alley to the back door.�

�Huh!� You think I�d forget?�

END
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