TRAPPED
*~*~Part Five~*~*
Once the jury was back in the courtroom, the judge entered, forcing everyone in the room to stand until they were told to be seated.
"Prosecution, do you have your next witness?" Judge Marks asked as he was looking at papers.
"Yes, your Honor, prosecution calls Doctor Karen Johnson to the stand," the attorney stated.
Nick's eyes narrowed as he watched Dr. Johnson approach the witness stand. She seemed to act overly confident, dressed in a dark blue business suit, her long brown hair pulled back neatly inot a bun. This was not the doctor that Nick had grown accustomed to seeing when she came out to his house to look after Brian.
"Do you swear to tell the truth, the whole truth and nothing but the truth, so help you God?" the bailiff asked the doctor as she placed her right hand on the Bible.
"I do," Dr. Johnson replied.
"Please be seated," the judge ordered.
The prosecuting attorney approached the stand. "For the record, please state your full, legal name."
"Karen Elizabeth Johnson."
"And where are you employed?"
"Tampa Bay Hospital."
"And what do you do in your capacity at the hospital?"
"I am a doctor in the emergency room."
"Okay, could you recall for the court, the events that took place on April 22, 2000?"
"I was working my scheduled shift in the emergency room when they brought in a patient that was involved in a solo MVA," Dr. Johnson stated matter-of-factly.
"MVA?"
"Motor Vehicle Accident."
"And was there anything unusual about this particular patient that you recall?"
"He was awake but unresponsive, my first impression was a head injury, so I immediately ordered cat scans of the brain," Dr. Johnson recounted the events of that night. "The results were positive and the patient had a five centimeter bleed on the brain. I immediately ordered MSR in an IV drip, which is to prevent swelling on the brain and Solmederol injected into the port on the IV, which would hit the bloodstream quicker."
"How did the patient respond to this?"
"Not as I had anticipated. The patient deteriorated and was in a semi-vegetative state. He remained at Tampa for approximately three weeks and was transferred to a nursing home facility for around the clock care."
"What was this patient's name?"
"Brian Littrell."
"And how did he do while he was in the nursing home facility?"
"He remained stable, no significant changes."
Nick sat listening to her tell her side of the story. Although she didn't lie about anything, she didn't give them all the details that would help clear him of any wrong doing.
"It wasn't until he was released into the care of his friend that his condition seemed to deteriorate," Dr. Johnson stated.
Nick felt the attorney's hand on his shoulder as he leaned forward in his seat. He wanted to yell out that she was lying, it took all Nick had in him to remain calm and quiet.
"Would you be able to identify this friend of Mr. Littrell's?"
"Yes I would."
"Is this friend here in the courtroom?"
"Yes."
"Please point to this person."
Dr. Johnson pointed her finger directly at Nick.
"Let the records show that Dr. Johnson pointed at the defendant, Nickolas Carter. No further questions."
The judge wrote some notes on a paper and then looked over at the table where Nick and his attorneys were sitting. "Defense, any questions?"
Nick's attorney stood up, buttoning his jacket as he approached Dr. Johnson.
"Dr. Johnson, you are a medical doctor, correct?"
"Yes."
"Did you minor in chemistry?"
"Yes."
"So you know how to mix medications--"
"OBJECTION," the prosecuting attorney cried out.
"Overruled, answer the question," the judge replied.
"Yes I know how medications interact," Dr. Johnson replied.
"That wasn't what I asked you. Do you know how to mix medications?"
"I am not a pharmacist."
After twenty minutes of questioning, the attorney gave up, this doctor was well rehearsed and was not going to give anything away.
"Prosecution, do you have anymore witnesses?"
"Yes, we call Brian Littrell to the stand," the prosecuting attorney stated.
Nick felt his breath catch when they said Brian's name. He hadn't seen him since he was arrested almost five months ago. All Nick could see of Brian was his back as he walked up to the witness stand. Although he looked like the same old Brian, Nick noticed that he had a slight limp when he walked.
Brian took the stand and looked directly over at Nick. He was told to be prepared for what Nick's appearance would be like, but he still was shocked to see how pale and thin he was. In spite of this, Brian managed to smile slightly at Nick.
After the bailiff did the standard swearing in, the prosecuting attorney declared that Brian was a hostile witness, meaning that he was on the stand for the prosecution under protest and would be a difficult witness for them to question.
"Please state your full name for the records," the attorney drilled.
"Brian Thomas Littrell," Brian quietly replied.
"Please speak up," the attorney barked.
Brian cleared his throat. "Brian Thomas Littrell."
"Brian, could you please tell us of the events on April 22, 2000?"
"I was at a promotional party and suddenly felt tired and told my friends that I was going home," Brian replied.
"Was Nickolas Carter at this party?"
"Ojection, irrelavent!" Nick's attorney called out.
"Overruled, answer the question," the judge replied.
"Yes, Brian stated.
"Okay, proceed with the details of that night."
"I left the party and got into my jeep and the next thing I can recall is being in the ambulance and not being able to speak or move," Brian stated.
"Did Nick Carter at anytime supply you with drinks or food at this party?"
"OBJECTION! LEADING THE WITNESS!"
"Sustained, jury is requested to disregard that question," the judge said as he wrote something on a piece of paper.
"Okay, you ended up being in the care of Nick Carter?"
"Yes."
"And during the course of his care, he learned how to give you injections of medications that were prescribed by Dr. Johnson?"
Brian licked his lips, his mouth was getting dry because of being nervous about the questioning.
"Yes."
"No further questions."
Brian was relieved to hear the attorney say he was done with him.
Nick's attorney wasted no time in questioning Brian. He approached the stand, smiling.
"Good afternoon, Brian."
"Good afternoon."
"Brian, during the whole course of your illness, you said you couldn't move or talk, correct?"
"Yes sir, that's correct."
"Could you feel pain during this?"
"Yes sir, I could."
"Could you think clearly or reason during this?"
"I felt I could."
"After Nick injected you with the medications did you feel different?"
"OBJECTION! LEADING THE WITNESS!"
"Sustained."
"Okay, how did you feel when you received the medications from Dr. Johnson?"
"I would black out, I still couldn't move or speak."
"How did you feel when you received the medications from Nick?"
"The same, no difference."
"Was there at any point that you felt as if you were recovering?"
"Yes. When the visiting nurse skipped my medications, I was able to move my arms and turn my head."
"Is this the same nurse that injected your missed medications into his body?"
"Yes, he took two days worth of meds at one time."
"And you are now able to move about and speak freely."
"Yes sir."
"What do you attribute your recovery to?"
"The medications being stopped."
"No further questions."
"Prosecution?" The judge checked to see if they wanted to counter cross-examine Brian. The team of attorneys at that table whispered amoung themselves for a minute and then told the judge they had nothing further to ask at that time.
"You may step down."
Brian left the stand, wanting to go over to Nick and wrap him up in a hug. He walked between the tables and was escorted out into the hall.
The prosecuting attorney stood up. "Your honor, the prosecution rests."
Nick's attorney leaned over and whispered to Nick that this meant that the case was now being turned over to the defense.
"Court is being recessed until tomorrow morning, nine a.m.," the judge said as he stood up from his seat. He left the room quickly, taking the door off to the side of the courtroom.
Nick sat back down after the judge left the room. He patiently waited for the jury to file out. Moments after the jury left, the guard from the jail approached Nick with the handcuffs and shackels and proceeded to place them on him.
Nick kept his eyes focused to the floor, he could feel the stares on his back. His parents were still in the courtroom and he knew that his mother was seeing her son being chained up like an animal.
Once the chains were in place, the attorney gave Nick a folder to carry back to the jail with him. The guard led Nick out of the courtroom, past the spectators.
Brian felt ill when he saw Nick walking down the hallway, the chains making clanking noises with each step he took. This was not fair, Nick was being made to suffer for something he didn't do and Brian felt helpless. He wanted to let Nick know that everything was okay and that this would be overwith soon, but Nick didn't allow anyone to make eye contact with him as he was being led out to the van to take him back to jail.
Brian decided he was going to go against any advice and he was going to head out to the jail to visit Nick. He turned and walked in the opposite direction that Nick was being led. Pulling his keys out of his front pocket, Brian walked out of the courthouse, past the media that was camped outside the doors, and walked into the parking lot towards his car.
*~*~*~*
Nick sat quietly in his cell after his return from the courthouse. He put his head in his hands and slowly rocked back and forth. It seemed to be the only way Nick could comfort and console himself, fend off the terrible feelings of dread he had about the trial. Nick felt that everyone was against him in this and that he would be sentenced to life in prison for a crime he didn't commit.
"Carter! You have a visitor," a guard barked at Nick from the doorway.
Nick jumped up and walked in the center of the hallway in front of the guard. After going through processing, he walked into the visiting rooms and was told to sit in booth number seven.
As Nick sat down, he placed his hands on the the dirt stained coutertop and waited for his visitor to show. Catching the shadow of someone entering the other side of the booth, Nick glanced up at the smudged, thick window to acknowledge the person.
His hand immediately went up to the glass. Brian pressed his hand on the other side. His smile was the best thing Nick had seen in months. Nick was not ashamed to let the tears flow down his cheeks and it was evident that Brian felt the same way about his own tears. He picked up the receiver and Brian did the same.
"How are you doing? I missed you so much. Is Kevin still taking care of you? How are----"
"Whoa, Nick, slow it down!" Brian laughed quietly into the receiver at Nick's rapid fire questioning.
"I'm sorry, I just missed you so much, Bri. I think and worry about you constantly," Nick replied.
"Same here Nicky," Brian said. "I want to know how you're doing." Brian asked as she studied Nick's face.
Nick's eyes had dark circles under them and his blue eyes looked dull and empty.
"I'm hanging in there, it's hard, but I think I'm doing it okay," Nick said quietly. "How did you manage to get in here anyway? I thought I was forbidden during the trial?"
"There wasn't any court order saying I couldn't come and see you, it's all been verbal. I got sick of them telling me what I can and cannot do, so here I am," Brian replied, smiling.
Nick smiled back. "I'm glad you didn't listen to them." Nick's smiled suddenly faded. "Brian, god, I'm so scared about tomorrow, I mean tomorrow is when they try to defend me."
"Nick, don't worry! You have an excellent attorney and besides, you didn't do anything wrong and the jury will find that out," Brian tried to reassure Nick.
"Five more minutes, Carter!" the guard said as he walked behind Nick.
"Nick is there anything you need? Anything I can get you at all?" Brian asked anxiously.
Nick shook his head. "No, I'm fine."
"Are you sure? Kevin told me about the cigarettes," Brian replied.
Nick's eyes flashed. "How the hell did he find out about those?"
"It doesn't matter. You're not smoking, are you?" Brian quizzed.
Nick shook his head. "No, god that would be awful."
"Then why?" Brian asked.
Nick's eyes darted right and left, quickly. "I need it for protection," he stated quietly.
"Oh, Nick," Brian said sadly. "It's gonna be over soon, I promise you."
"Time's up, Carter, let's go!" the guard barked.
Nick stood up, quickly. "I hope you're right, Brian. Thanks for coming, bye."
Nick turned and left, quickly. Brian just stared after him, shocked to see how obedient he was for something he despised. The old Nick would have done whatever he could to drag the time out. Whatever had happened to him in here has affected him.
*~*~*~*~*
"Your honor, the defense would like to call their first witness, Kevin Richardson," Nick's attorney stated.
Nick sat quietly at the table, his hands folded neatly ontop. A legal pad with a pen sat next to his hands, waiting for Nick to use if he had a question for his attorney. Nick had used it only once, but it was to draw when they had a five minute recess and he had to stay put.
Kevin nervously took the stand and sat down after being sworn in.
"Okay, Mr. Richardson, you've known the defendant, how long?"
Kevin looked over at Nick and smiled slightly. "I've known Nick for over seven years."
"How long have you known Brian Littrell?"
"All of his life, we're cousins," Kevin stated.
The attorney nodded. "What kind of relationship do you think Nick and Brian have?"
"A very good one. They had their disagreements, like everyone does, but those two are very close, almost telpathic, knowing what the other is thinking," Kevin replied.
"How did Nick react to Brian's accident?"
"Nick was totally devestated. He wanted to do whatever he could to help Brian through this," Kevin stated.
"How did Nick react to Dr. Johnson's diagnosis that Brian would never recover from his injuries?"
"He denied it. He wanted to take Brian home with him and nurse him back to health. Nick firmly believed that he could bring Brian out of this," Kevin recalled.
"You guys sing together in a band, right?"
Kevin smiled slightly, looking at Nick. "Yes."
"How did Nick react to Brian's being replaced in the group?"
"Shock, anger, confusion," Kevin replied.
"Ironically, you replaced Brian with Dr. Karen Johnson's brother, Nathan Roth, correct?"
"Yessir."
"How did you ever come across Nathan?"
"Dr. Johnson recommended her brother to me."
"Kevin, do you recall when Dr. Johnson recommended her brother?"
Kevin thought for a moment. "She gave me a business card after she told us that Brian should be placed in a nursing home. At the time, I was so numb about the diagnosis, I didn't think anything about it."
"So does Nick and Nathan get along?"
Kevin laughed nervously. "Get along? No, I wouldn't say that. Nick does everything to get away from Nathan. He has never really giving this kid the time of day."
"Thank you," Nick's attorney smiled at Kevin and walked back to the table where Nick was sitting and sat down.
"Prosecution, would you like to cross this witness?" The judge asked.
"Mr. Richardson, would you say that Nick has an expolsive temper?"
"OBJECTION! IRRELEVANT!"
"Overruled, answer the question," the judge replied, looking at Kevin.
"Explosive?" Kevin questioned.
"Does Nick fly off the handle?"
"OBJECTION! LEADING THE WITNESS!"
"Overruled, answer the question."
"Yes Nick gets angry, we all get angry, don't we?" Kevin reasoned.
"That's not how I asked it, simple yes or no," the attorney snapped at Kevin.
"Yes."
"No further questions."
"You may step down," the judge told Kevin.
Nick's attorney was stalling for time. He called every possible witness, including Nick's cleaning woman to the stand. The results of the bloodwork drawn from Brian and the drug screen was taking too much time.
The attorney had no other choice left.
"Your honor, the defense calls Nickolas Carter to the stand."
There was hushed whispers coming from the spectators in the courtroom. Nick quietly took the stand, keeping his eyes focused on only his attorney, not daring to look at the jury or the crowd, especially his parents.
"Nick, what kind of a friend is Brian Littrell?"
"He's the best friend a person would ever want to have," Nick replied quietly.
"What kind of qualities would you describe Brian as having?"
Nick thought for a moment before answering. "Um, he's kind, loyal, caring, dedicated. He would give a stranger the shirt off his back to help them."
"What would you do for Brian?"
"I would give my life for him," Nick replied without hesitation.
"Okay, Nick. Can you recall how Brian was from the hospital to the nursing home and then finally when he was cared by you in your home?"
"Yes. Brian was in a semi-coma all during his stay in the hospital. Dr. Johnson suggested he be placed in a nursing home because of his needs and that he needed medication prescribed by her around the clock. Brian never seemed to be getting better, but he never seemed to be getting worse. He appeared to be coming out of the coma while he was at the nursing home, starting to turn his head and move but then Dr. Johnson gave him some new medication and Brian slipped back. I was finally figuring out that the medications were hurting him and not helping him when I got arrested."
"You were giving Brian the medications, correct?"
"Yes."
"How did you get the medications?"
"They were delivered from Dr. Johnson, personally with instructions that they had to be given consistantly."
Nick's attorney finished quizzing him and then it was time for the prosecuting attorney's turn with Nick.
"You were always jealous of Brian, weren't you?" The prosecuting attorney hissed.
"No! That's not true!" Nick protested.
"Teen People Magazine, November 1999 issue and I quote, 'Brian always has a way with the fans. Luck seems to follow him where ever he goes. Life is easy for him, always has been always will be. Yeah, you could say I'm jealous.' The name next to the quote, Nick Carter. You said this?"
"Probably."
"It has your name next the quote," the attorney argued.
"Then yeah, I said it," Nick admitted.
"National Enquirer, February 18, 2000 issue and I quote here: 'Brian is running on borrowed time. I will have the fans to myself soon enough.' It was taken from an article entitled, Nick and Brian, BSB gone bad. So according to this article, you were planning something for Brian."
"I never said that, that isn't legitimate!" Nick argued.
"But it's here in black and white, Brian is running on borrowed time. I will have the fans to myself soon enough."
"IT'S NOT TRUE!" Nick shouted at the attorney.
The judge slammed the gavel down on the desk. "Mr. Carter, one more outburst and you will be removed from your own trial!"
"I have no further questions for this witness, your honor."
"You may step down," the judge motioned to Nick.
"Your honor, I would like to request a recess," Nick's attorney asked as he stood up.
"For what reason?" The judge asked.
"I have evidence I wish to submit to the court, it would be beneficial to my client, however it is still tied up in the labs and I need to get it to present it," the attorney pleaded.
The judge flipped a calendar. "Court is declared in recess. We will reconvene on Monday, September 25, 9 am."
As the judge stood up to leave, the courtroom rose.
Nick could feel depression eating away at him. Monday the 25th meant he had to spend another weekend in jail. More days.
"Why couldn't we come back on Friday?" Nick asked.
"Nick, I will be honest with you. We're lucky he gave us the extra day. We may need it. The labs are your only hope in freedom. It doesn't look good at this point without them. I've tried to defend you, but this has been difficult. Without the lab results, you have no chance in hell.
Upon hearing that, Nick collapsed.
*~*~*~*~
Nick woke up in the jail infirmary. He went to put his left hand to his head, but was stopped by the hand cuff that was attached to his wrist and then attached to the bed rail. He discovered the same was for his left ankle.
Looking around the room, he noticed a guard was sitting in a chair by the door and three of the four beds in the infirmary were occupied as well.
The nurse came over to the bed and put a thermometer into his ear.
"What happened?" Nick questioned her. He remembered being in the courtroom but nothing after that.
"You fainted and hit your head pretty hard. You have a concussion," the middle aged, overweight nurse replied.
Nick closed his eyes trying to recall what had happened. It was all a blank to him.
A lunch tray was brought in and set on the table that was beside Nick's bed. The nurse went about getting the tray moved towards Nick and setting the bed into a better position. Nick didn't really feel hungry, he felt sick to his stomach.
"You have to eat, I'm sure you'll want to," the nurse stated as if she could read Nick's thoughts. She uncovered the plate and Nick was pleasantly suprised to see something other than a grilled peanut butter and jelly sandwich. "Yes, they actually feed you in the infirmary. Why do you think the inmates try to fake illnesses? It certainly isn't to come and see me," she replied smugly and walked away to the next bed to help that inmate.
Picking up the plastic spoon, Nick hungrily shoveled the macaroni and cheese into his mouth. To him this was like heaven on earth. He hated green beans, but today it was something like a taste treat and the sliced canned peaches were something out of a four star restaurant.
When he finished with lunch, Nick felt sleepy. He closed his eyes and drifted off to sleep, hoping to wake up and find that it was time to return to court or better yet, find himself in his own bed at home and all of this had been a bad dream.
*~*~*~*
"Carter! Carter! You're well enough to go back to your duties, get up!"
Nick was startled out of a sound sleep by the guard hovering over him. He was uncuffed from the hospital bed and led back to the laundry room. Nick reluctantly took his post back at the folding table and set about the sweatty, tedious job of folding all of the white towels.
He glanced up at the clock on the wall. It was 6:21 in the morning. He had his breakfast at 5 a.m. in the infirmary and drifted back to sleep, enjoying the peacefulness. Nick wondered if they would allow any time for him to get showered and dressed for court. He had no contact with his attorney since he last Thursday. Nick prayed that this would be a good sign that they had the evidence they needed to get him off this charge.
The sweat poured off Nick's face as another basketfull of towels were dumped on the table. Not stopping, Nick reached in and grabbed another towel.
*~*~*~*
Brian paced nervously in the lobby of the court house. As the time came closer for Nick to be arriving, Brian felt his stomach go into knots. He sat down on the padded bench that jutted out from the wall. Brian leaned forward and put his head in his hands.
"Brian, relax, everything will work out fine," Kevin reassured as he sat next to his cousin.
Brian looked at Kevin, his eyes moist with the tears that were threatening to spill over at any minute.
"I can't Kev, Nick's in trouble and it's all my fault, my damn fault..." Brian's voice trailed off.
"No, it's not your fault, not yours, not Nick's, it's the system's fault. Nick should have never been arrested in the first place, it took the word of a doctor over practical evidence and Nick's attorney will prove it, just put your faith in it, Brian, it will happen," Kevin softly commented.
Brian shook his head, the tears splashing down his cheeks. Kevin put his arm around Brian's shoulders. "It's time to go into the courtroom, did you want to go in?"
Nodding yes, Brian replied, "Nick needs our support."
Brian and Kevin took their seats directly behind Nick's parents. They exchanged smiles with the Carter's. The clanking noise of chains caused both parties to stop smiling as they knew this signaled Nick's arrival in the courtroom.
As Nick was being led to his chair, he cast a wary glance over towards his parents and Kevin and Brian. Nick could see that his mother and Brian's eyes were red and puffy looking, indicating that they had been crying.
Once he was unchained, Nick sat down and placed his folded hands ontop of the table and waited for his attorney.
The prosecuting attorneys entered the courtroom, looking happy and exchanging comments to one another and laughed as they talked amongst themselves. Brian was irritated witnessing their crass behavior. He found it hard to bear that they were acting like this was an everyday thing destorying a man's life for something he didn't do. It took all Brian had within himself to remain quiet and not yell at them.
Nick was beginning to get nervous that his attorney hadn't shown up yet. He was starting to doubt himself, thinking that maybe his attorney decided that there was no chance in hell of saving him so he just bailed out of the case.
The attorney rushed up to the table and sat down next to Nick. He leaned over and whispered, "Sorry I'm running behind, I was trying to get the labs wrapped up."
"That means you have them?" Nick asked.
"Unfortunately, no, there was a problem in the lab over the weekend. Something unexplainable and they lost Brian's bloodwork," the attorney sighed.
Nick's face turned ashen. "Lost it? What do you mean lost it?"
The attorney patted Nick on the shoulder. "Don't worry, I will ask for another recess."
Nick's eyes filled with tears. He felt as if all was lost. His attorney had to help him up onto his feet when the judge entered the courtroom.
"Is the defense ready for it's next witness?" the judge asked as he sipped on his glass of water.
"Your honor, I was prepared to submit as evidence, Brian Littrell's bloodwork which would indicate the variance of chemical levels in his bloodstream including the lethal toxins that had been injected into his body. Something unexplainable happened in the lab over the weekend and Mr. Littrell's bloodwork was lost. I need to have more blood drawn again and try to get the labs completed again quickly. I request a recess until this evidence is gathered."
The judge shook his head as his listened to Nick's attorney plea his case.
"Request is denied," the judge growled.
Nick felt as if he couldn't breathe and that the room was closing in on him. In the course of two hours time, the prosecuting attorney and his own attorney made their closing remarks. The case was now handed over to the jury for their decision of guilt or innocence.
Part 6