Without You

Chapter eight

Without You - Part 8

Two weeks later
( court day )

Stokes: * takes his seat at the prosecution table *
Sergeant: how you feeling Nick
Stokes: to be honest...I'm scared because what if I don't know win
Sergeant: don't say that Nick of course you'll win Jason McCann is giving you full custody of Mallory for a reason
Stokes: * sighs heavily *
Judge: * walks in the courtroom and sits down *
Smurf & Andrew: * walks in the courtroom *
Smurf: * takes her seat at the prosecution table *
Andrew: * sits behind her at the witness bench *
Stokes: * looks at Smurf *
Smurf: * smirks *
Stokes: * clenches his jaw *
Judge: members of the jury, we are called today on the behalf of Nick Stokes and Janine Cody fighting for the custody of 3 year old Mallory Rose McCann will the prosecution attorney please call your first subject to the stand
Lawyer: * walks towards the Judge and hands her a few sheets of paper * your honor I would like to call my client, Mr. Stokes to the stand
Stokes: * takes a deep breath and stands up and and slowly walks over to the stand and sits down and holds his hand up *
Court Clerk: do you solemnly swear to the testimony you are about to give is the truth and nothing but the truth
Stokes: I do
Lawyer: Mr. Stokes can you please tell us how exactly did you meet 16 year old Jason McCann and his 3 year old daughter Mallory Rose McCann
Stokes: well I met Jason McCann and his daughter Mallory McCann at a speech hearing about Ralph, in the interrogation room when I walked in I saw him holding a little girl and for a moment I thought that Mallory was his little sister until I heard her calling Jason " daddy " after asking him questions about his brother Alex
Lawyer: how did you know that Mallory McCann was his daughter
Stokes: i saw it in the files...it turns out that Jason McCann and his girlfriend Julia Cody had Mallory when they were only 13 years old, to be honest I was in shock but of the way that Jason treats his little girl I can tell how much she means to him
Lawyer: did Jason McCann has ever told you how Julia Cody died
Stokes: no he didn't tell me because he didn't want to talk about her passing, it was hard for Jason to tell me about Julia Cody
Lawyer: and why is that if I may ask
Stokes: well he told me that once he and Julia started dating, her mother Janine Cody didn't approve of their relationship...thinking that he's gonna leave her for somebody else and break her heart
Lawyer: so are you saying that this was about a young couple struggling to stay strong and stay together out there in the cold, hard world
Stokes: yes sir
Lawyer: so how did they stay together
Stokes: well few weeks after they tried to run away together, Jason received a call from Julia saying that her mother left her in the streets and Jason decided to go get her off the streets then came out of the blue Julia told him that she was pregnant with Mallory
Lawyer: who told you all about this
Stokes: Ralph did...he told me everything about their entire past
Lawyer: okay so I'm about to ask you an important question Mr. Stokes
Stokes: okay
Lawyer: why would Jason McCann give you full custody of 3 year old Mallory Rose McCann
Stokes: because I feel like he didn't want to put any more danger in his child's life after everything he's done, I feel like he decided that the only way to make sure that Mallory is safe is by giving me full custody of her
Lawyer: so he decided to give you full custody of a 3 year old girl by writing a letter is that correct
Stokes: yes sir
Lawyer: do you have that letter by any chance
Stokes: yes I do
Lawyer: mind reading it to us
Stokes: * pulls out the letter and reads it * Dear Stokes, If you're reading this letter you'll probably know that my time was up because of what I've done and I'm sorry for that, it's just that I was broken and it's not because of my brother, it was because of Julia. She was the love of my life and the mother of my daughter Mallory. It was hard being a single dad ever since she passed, I had help from Alex and Ralph but it wasn't enough for me. So for my daughters safety I decided to give you full custody of Mallory because I know she'll be safe with you and treat her like I did. Just promise me that you tell her every day how much her parents loved her and tell her that we're sorry for not being there seeing her grow up. If she wants to know who her parents were, I've made a video tape so that she can see who we were and looked like. I know you'll take care of my little girl no matter what Stokes, so don't let me down. Sincerely, Jason McCann
Lawyer: thank you Mr. Stokes, no further question
Judge: you may get off the stand, Mr. Stokes
Stokes: * gets off the stand and goes back to the prosecution table *
Lawyer: I would like to call Mrs. Cody to the stands now please
Smurf: * stands up and and slowly walks over to the stand and sits down and holds her hand up *
Court Clerk: do you solemnly swear to the testimony you are about to give is the truth and nothing but the truth
Smurf: i do
Lawyer: Mrs. Cody can you please tell us how did you meet Jason McCann
Smurf: I invited him to dinner because I noticed that Julia was behaving a little bit off lately and that's when my son told me about Jason
Lawyer: how long did it take for you to realize that your daughter Julia Cody has been dating Jason McCann
Smurf : it took me few weeks to finally realize that she has been in a relationship with that boy
Lawyer: so how did you feel about Julia dating him
Smurf: I didn't like it, I didn't approve of him
Lawyer: and why is that
Smurf: because I felt like one day he'll leave my baby girl for someone else and break her heart...me and him actually had a conversation about it after he and Julia went to party without me knowing
Lawyer: how old were they at the time
Smurf: they were both 13
Lawyer: what kind of conversation did you had with Jason McCann
Smurf: how much my daughter is everything to me and saying that once I let her go, she needs to be with a man...not a boy and he said that he loves her
Lawyer: did you believe him
Smurf: * scoffs * of course not
Lawyer: why is that
Smurf: because they were too young to understand what love truly is and because I was like him once
Lawyer: like what
Smurf: a player but then I fell in love with her father...that's what real love is
Lawyer: Mrs. Cody how old were you when you had Julia and her brother Andrew
Smurf: I was 20
Lawyer: and how old did you think Julia was on the day that your granddaughter Mallory Rose McCann was born
Smurf: why does any of that have to got to do for me fighting custody for my grandchild
Lawyer: just answer the question Mrs. Cody
Smurf: i believe she was still 13 years old when she had Mallory
Lawyer: okay so few weeks before you left your daughter on the streets, Julia tried to runaway with Jason McCann on April 10, 2007
Smurf: h-how d-do y-you k-know t-that
Lawyer: * pulls out a box and takes out a diary *