Brave Grave

Chapter seventeen

Carl's court day|

"How long have you been working at the Cedarmills cemetery?"

"Since I was sixteen years old. That was the only job I could get around town at the time." Carl says clenching his jaw as everyone in the court eyeballed him.

"Why is that?" The state asks.

"Because no one wants a black man working for them. It's just the way it is. They see skin color, always have."

"Mr. Rutherford, back in 1959, you were arrested for assaulting a police officer, correct?"

"Yes." Carl heaves a sigh.

"Can you tell the court why?"

"I was on my way to work, stuck in traffic. They were having a road block and an officer approached my car when I got to the front of the line. He asked for my license and registration. I had my hands on the steering wheel where he could see em, and I go to reach into my back pocket to get my wallet and he felt threatened. My registration was in my glove box. I reach over to get it and I have a... gun inside for my protection. It wasn't loaded. He sees the gun and draws his onto me and tells me to step out of the vehicle. I tried to explain to him that it was not loaded, but he wouldn't listen. He pats me down and empties my pockets and throws me down to the ground face first. I fought back... and I was arrested for defending myself. I was put into a program where I picked up trash off the side of the roads and then I was put on probation after I served a year in jail."

Brenda, teary eyed and consumed in furious anger, stares at her husband wishing and hoping people will give him a chance and actually listen to what he has to say. Brenda already had a feeling how it was going to end.

"After you were put on probation, did you violate it?"

"Yes."

"Can you elaborate for us how you violated your probation, Mr. Rutherford?"

"I went to the cemetery to finish digging a hole that I started previously. When I was there, I moved a coffin out of the way and realized that it was heavier than before. I heard fumbling on the inside. I open it, finding a little boy blue in the face. I ran to the nearest pay phone to the call the police. Instead of going back to the scene of the crime, I ran."

"Why did you run? Were you afraid of something?"

"Yes, I was afraid of being accused of murder. I knew if I would have stayed they would have arrested me. It would have been too easy for them because I am black. Someone sees a black person and automatically think they are thugs or criminals. I ain't no criminal, I wasn't thinking clearly when I ran from the scene. I was afraid of going down for something that I didn't do so I left. I--I had to leave town. I went home and packed my things, told my wife we had to leave before it was too late, and... it was already too late. The police came to my home and arrested me for leaving the scene of a crime and now... here I am being accused of murdering a little white boy all because I work in a cemetery where his body was found."

"You work at the cemetery and you go in twice a day, once in the morning and once in the afternoon. You are there for the majority of the day and you are the only person who digs graves there, correct?"

"Yes." Carl utters softly.

"Did you see these three boys at the cemetery at any time?" The state hands the photos to Carl. He examines them and places them down in front of him after getting a good look.

"No, I've never seen them at the cemetery."

"You are implying that you saw no one including these three boys go inside of the cemetery. If that is the case then who else could have committed the murder besides you? You have all access to the supplies and no one is watching, you have a criminal record not to mention a bad past with white people and you ran trying to leave town. Who else could have committed the murder besides you?"

"Objection, speculation."

"Sustained." Judge Costlow says.

"Withdrawn." Daniel replies.

Carl shakes his head side to side in frustration. Brenda began to weep silently as she watched her husband get interrogated.

"I didn't do it. I would never kill anyone. I am just a grave digger trying to make money just like everyone else. Just because I didn't see the boys inside of the cemetery doesn't mean that they didn't do it! I am innocent." Carl raises his tone.

"No further questions, your honor."

"I am innocent! I didn't do it goddamn it!"

"Stand down Mr. Rutherford." Judge Costlow says in a stern tone of voice

Carl shakes his head in shame, knowing what his future was going to hold. There was nothing left for him to say. Him and his lawyer have already said all they could. Now, the ball is in the jury's court.

**

The jury was dismissed from court to make their decision. It wasn't long before they returned with the verdict.

This moment was what everyone has been waiting for. Everyone sat silently, patiently waiting for the verdict to be read aloud. Fin shook his leg uncontrollably as he anxiously waited along with Seth and Travis.

"Will the jury foreperson please stand. Has the jury reached a unanimous verdict?"

"Yes, your honor."

The clerk grabs the verdict from foreperson and hands it to judge Costlow. Silently, he reads it to himself and hands it back to the clerk.

"The jury finds Carl Quincy Rutherford III... guilty of second degree murder. The other codefendants that are tried together plea not guilty and can be excused along with the jury.

Fin and all three boys and their parents walk out of the court room with smiles on their faces. It was a long day and finally it was over.

"Court is adjourned. Mr. Rutherford, your sentencing will be held next week on Monday."

"No!" Brenda stands up from the pew and shouts across the court room. "He didn't do it!"

"Brenda, don't." Carl pleads with a frown.

"He is not guilty!" Brenda shouts with tears rolling down her cheeks.

Security grabs ahold of Brenda by both arms and escorts her outside of the courthouse. From the outside, he could still hear her screams and cries. In disappointment, Carl hangs his head low and realizes that his life and freedom has came to an end. Everything he wished and hoped for was pushed farther away and there was nothing he could do about it. He was helpless.

"Ma'am, you're going to have to calm down."

"No! My husband has been accused of something that he didn't do. I will not calm down!" Brenda yells at the police officer in anger.

"If you do not calm down we will arrest you. This is a warning."

"Do whatever you want to me, it's not like I have a say anyways. You're going to cuff me no matter what because I'm black right?"

The police officers stare at Brenda with blank expressions on their faces.

"Leave now." The officer pushes Brenda roughly. She motions to get up and the officer tackles her onto the ground.

"Do not move! Stay on the ground!" The officer screams.

Carl rushes down the steps of the courthouse, finding his wife with her face in the ground.

"Get off of her!" Carl screams and drags his fist across the officers face, causing him to land on his back. The other officer grabs Carl's arms and puts them behind his back with handcuffs around his wrists.

"No!" Brenda screams at the sight of her husband being thrown into the back of a cop car. As it drives away, she felt her heart sink to the bottom of her stomach as she realizes both of their lives will never be the same.