After suffering the consequences of a physical beating from her father, with a belt, Beth Culbertson decides she will not take any more abuse and runs away, but the father has a different story to tell until he's discovered dead.

Attorney Paul Marietta read and reread all his preliminary notes concerning Beth’s case. He felt sorry for the young defendant fidgeting next to him. She was too young to grasp the technicalities of court, but she was well aware that her life was in the balance. 

Hank and Bert sat in the first row, directly behind Paul and Beth. Next to them, Beth's friends and staunch supporters, Ethan and Rachel, were sitting quietly. Rachel's eyes were closed as she prayed for her best friend. Occasionally, Beth would turn her head around, seeking reassurance from both of them. They would smile and nod. Bert kept whispering, “It’s going to be alright.”

Beth wasn’t too sure it would be.

The Baliff checked his watch. It was ten o’clock. He expected Judge McKay to enter the courtroom at any moment.

When the door opened, he addressed the courtroom. “Please rise. The Court of the Second Judicial Circuit, Criminal Division, is now in session. The Honorable Judge McKay is presiding.”

Judge McKay nodded to the baliff, who then opened the door, allowing the jury to file into the courtroom. Paul studied the group. Most appeared calm and focused. One or two were clearly nervous. He would have to remember to focus on them, helping to ease their nerves, so they would concentrate on all the information presented.

Judge McKay struck his gavel one time. “Everyone but the jury may be seated. Mr. Baxter, please swear in the jury.”

Mr. Baxter, today’s bailiff, stood facing the jury. “Please raise your right hand. Do you solemnly swear or affirm that you will truly listen to this case and render a true verdict and a fair decision as to this defendant?” 

The jury answered in unison. “I do.”

"Today, the question will be whether Ms. Culbertson shall be tried in this court or transferred to the Juvenile Division. You do not have to determine if she is guilty or innocent. You must decide if the State’s Attorney’s Office has provided sufficient information to deem the defendant seriously delinquent and carries all responsibility for the charges or whether the defendant as a juvenile should stand trial as a youthful offender in juvenile court. Your decision does not in any way determine the outcome of the penalty for said crimes.”

Mr. Baxter instructed them to be seated. Allowing a moment for them to adjust their chairs and settle down, the bailiff turned to Judge McKay and continued, "The court calls the case of The State of Illinois versus Beth Culbertson, case no. 1234."

Judge Mckay studied the defendant and scowled. His immediate impression of the young girl didn’t fit the one Chief O’Shea had painted. He couldn’t help but wonder if his friend had rushed to judgment, but it wasn’t his position to question the decision, only to make sure justice was provided. 

“Would the defendant please rise?” Judge Mckay gave Beth a moment to stand before he continued. Paul Marietta stood beside her. "Are you Beth Culbertson?”  

“Yes, Your Honor.” Beth’s voice was a mere whisper.

“Attorney Marietta, please advise your client to speak up so the courtroom can hear her answers.”

Paul leaned toward Beth and whispered. She nodded and repeated her answer, louder this time. “Yes, Your Honor.”

“Is that your true and correct name?" 

Beth’s voice was more assertive when she answered, “Yes, Your Honor.”

"Your file indicates that you have been warned of your rights by a magistrate at the time of your arrest. Do you wish to have your rights explained to you at this time?"

“No, Your Honor.”

"Will the prosecutor please read the indictment."

"Thank you." Jack Flanigan stood and read from his stack of papers. "This courtroom proceeding is your arraignment. The purpose of today's proceeding is to ensure that you are the person charged in the indictment, inform you of the range of punishment for the offense you are charged, and take your plea.

“The State of Illinois and the States Attorney’s Office have requested and received a judicial waiver mandating that you, the defendant, Beth Culbertson, age 16, be transferred from juvenile court to adult court to face the following charges: aggravated assault to the victim, Dwight Culbertson; a Class 2 felony for theft of $2500 from the Last Chance Bar, and premeditated murder of Dwight Culbertson.

"If found guilty, the State’s Attorney will seek no less than 20 years but not more than 30 years to be served in a Minimal Security Prison due to lack of any past criminal background.

"Do you understand the allegations against you and the full range of punishment for this offense?"

Beth turned to Paul. She was confused as to what she should say. Paul gave her a reassuring smile and addressed the Judge, “If the court please, on behalf of my client, I would like to petition for an immediate reversal of the judicial waiver and request that the defendant, Beth Culbertson, be released to Ms. Roberta Atwell, her current caseworker with the Illinois Department of Child Services. Ms. Culbertson has no prior charges or convictions of any kind, nor has the state provided sufficient proof regarding their ability to charge my client with said crimes.”

The State’s Attorney, Jack Flanigan, stood up and directed his comments to Judge McCay. “Your Honor, the state intends to prove that after the defendant’s mother’s death, she held a grudge against her father. During a heated argument, she struck her inebriated father over the head, stole the bank bag belonging to Last Chance, and ran away. Subsequently, she returned to the home and stabbed her father with the carving knife, leaving him to suffer a painful death.”

"Ms. Culbertson, how do you plead to the charges as mentioned above?”

“Not guilty, Your Honor.” Beth swallowed hard and looked imploring at Bert, searching for reassurance of some kind.

“I will accept your plea of Not Guilty and enter it upon the docket of the Court."

"It is in the court’s opinion that bond shall be set at $500,000 and shall be secured by the courts before Ms. Culbertson is released into the guardianship of Roberta Atwell. Depending on the findings at this arraignment, it will be Ms. Atwell’s responsibility to assure Ms. Culbertson’s attends her next court appearance regardless of whether the jury chooses to continue with the State’s Attorney’s request or Attorney Marrieta’s reverse waiver. Is that fully understood, Ms. Atwell?”

Roberta stood and addressed the judge, “Yes, Your Honor.” Relieved, she returned to her seat. Hank squeezed her hand and gave her a confident nod. Ethan gave Rachel a hug.

Judge McKay pounded his gavel and then addressed Paul Marietta, “Is the defense ready?”

“Yes, Your Honor.” He returned to his chair.

 “Is the prosecution ready?”

Jack stood up before addressing the judge, “Yes, Your Honor.” He returned to his chair.

“Attorney Marietta, you may proceed.”

"Good morning, ladies and gentlemen of the jury. I am Attorney Paul Marietta, and I represent the defendant, Beth Culbertson. She is sixteen years old, an honor student with no criminal or civil marks on her record. She is an upstanding citizen who has volunteered at the Red Cross, distributing food boxes to the homeless and less fortunate. She has also worked with Special Olympics Annual Track and Sports for the last three years. Until the recent and untimely death of her mother in an automobile accident, Beth had no contact with law enforcement."

"Dwight Culbertson, the defendant’s father, on the other hand, has a long record with RPD. Public records indicate numerous calls on domestic abuse against his wife, public indecency and alcohol consumption, and disturbing the peace, including public brawls."

"As the defense attorney, I will show you, not tell you or suggest, but show you evidence that the ninety-eight-pound school girl could not and did not assault or murder her one-hundred-eighty-two-pound father. On the contrary…"

Paul walked to the juror box and handed each person a photo. The reaction of sharp intakes of air and people shaking their heads was exactly what he had hoped it would be.

“These are photos of the defendant’s back after her father, Dwight Culbertson, beat her with his leather belt. You might ask why he would commit such an act. The answer will revolt every one of you. After the death of his wife, Mr. Culbertson decided the defendant should take the place of her mother. She was required to attend school, but her duties also included housekeeping, cooking, shopping, and… he wanted her."

"Yes, this sexual deviate physically wanted his daughter to satisfy him, and when she refused, he beat her relentlessly while she cowered against the kitchen cabinets. When given the opportunity, the defendant escaped."

"The State’s Attorney will paint a different story. He will say that the defendant was angry and suffering from post-depression after losing her mom. Which, I believe, anyone would say was understandable. A child losing her mom? Wouldn’t you be sad and depressed? I know I would."

"He will tell you that the defendant wanted her freedom and when she found her father drunk, she hit him and stole the Last Chance bank bag. He will not have any evidence that proves the bag or money existed other than information conveniently provided by Dwight Culbertson and the woman he committed adultery with, his mistress, Nancy, owner of the Last Chance."

"The defendant returned to her childhood home on her mother’s birthday, hoping to make amends with her dad. Instead, he mocked her and attempted to molest his own child, his grieving daughter. In self-defense, she grabbed a kitchen knife, waved it at him, but lost control of it when there was a knock at the front door. At that moment, the terrified juvenile defendant raced from the home, leaving her father alive."

"We will produce evidence establishing the time of the incident and knowledge of a panic-stricken defendant fleeing from her father. The coroner’s reports will confirm that Mr. Culbertson’s time of death was much later."

"Because a fingerprint is on the everyday household knife where the defendant lived and made dinners, the prosecutor will ask you to believe this upstanding young lady turned rogue and committed these egregious crimes. He will not and can not produce any further evidence other than the defendant was in the home on the day of the murder."

"I ask you to consider how a ninety-eight-pound girl could find the strength and ability to control her strong, muscular father, tie him to a bed, and plunge a knife into his chest. I also want you to question why another witness who was in the home, topless and seeking pleasure with Dwight Culbertson, was not considered a suspect after the defendant had left. What reason prevented this person from notifying law enforcement of his untimely death."

"In conclusion, without concrete evidence of the defendant committing any crime, I would suggest the case be dismissed or at least honor the reversal waiver so we can represent her in a juvenile court."

Hank nodded, signaling well done, to Paul as he returned to sit next to Beth. 

Judge McKay pounded his gavel. “Considering the noon hour is upon us, the court will adjourn for lunch. Baliff Baxter will show the jurors to the commons area where they will be served lunch. Everyone is asked to clear the courtroom until 2 PM, at which time the State’s Attorney’s Office will give an opening statement. The defendant will be transferred to a holding area until that time. Court is adjourned.”