Prosecutorial Weakness Ch. 3

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The Montclaire case goes to trial.
6.4k words
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Part 3 of the 3 part series

Updated 09/25/2022
Created 06/20/2002
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Scurrying as fast as she could out of Carlos' apartment, Andrea hurriedly made her way through the darkened streets of the rough neighborhood until she got to her car.

Her head spinning wildly as she drove home, Andrea felt the need to roll down the driver's side window so a constant gust of cool air could splash across her face to help her stay focused on her driving, as well as to override the smell of sex that permeated the hand she had wrapped around the steering wheel.

"I can't believe you did...that...to yourself...in that boy's bathroom...and then...and then...you didn't even take the time to wash that Godawful...smell...off," a sickened voice inside Andrea's head berated.

"I was in a hurry," Andrea mouthed out loud in response.

"All right...all right...that's all in the past...we've still got enough evidence to prove this case...its just up to me to put it all together," Andrea whispered reassuringly as she weaved her car through the rush hour traffic to get home and wash the stench from her hands ...and her soul.

* * * * *

The Montclaire Trial

Like a diver who was perpetually scared to take that killer of a step off the high dive, once you finally did and allowed gravity to take over, fate was suddenly out of your hands. That's how it always seemed for Andrea Bell right before the start of a trial. No matter how much angst, uncertainty or endless hours of preparation that she put into her work, once the Judge's gavel pounded the trial to order, the form, function and fate of the process inherently took over.

And through the initial day and a half of opening statements and witness testimony, Andrea couldn't have felt better about her chances.

After a parade of prosecution witnesses, including Becky's former co-worker and friend, Alysia Kraft, to verify that Carlos and Becky were involved in a sexual affair, Andrea felt extremely positive about the foundation she had established before she called Carlos to the stand.

In fact, the biggest hurdle Andrea feared going into her list of witnesses was being able to make Alysia Kraft a convincing agent for the prosecution despite the fact that her Husband was having an affair with Becky Montclaire as well, knowing the jury's first reaction would be to think that Alysia was testifying against Becky for that sole reason. Andrea did a solid job however of establishing the timeline of events and pounding it into the jury's mind that Alysia didn't find out about her Husband's affair with her co-worker until well after the night she discovered Becky and Carlos having sex in the pool.

Dressed on the second day of the trial in a conservative but stylish black and white business suit that draped a few inches below her knees, Andrea had elegantly tied her auburn highlighted hair up into a bun and promenaded confidently around the courtroom with the same moxy of a CEO at a Fortune 500 company.

The trial was seemingly going so well, Andrea nearly forgot that the events of the trial were being shown live on television. Having all the dominos of the first few days of testimony fall just right, it wasn't until she called 19 year old Carlos Vargas to the stand that Andrea Bell's feet suddenly became cold.

Watching as Carlos slowly strutted out from the gallery of onlookers assembled behind her, Andrea was relieved to see that the teenager had at least shaved and was wearing a suit and sportscoat.

"At least he looks somewhat...believable...and sympathetic dressed like that...it would help if he wasn't 6'4" though...how is anyone supposed to look at him and see... him... being taken advantage of...nothing you can do about that... just shut up and start asking him questions," Andrea internally rambled as Carlos was sworn in.

Still, as Andrea tried looking her primary witness in the eye, she couldn't help but feel shaky and cold inside as if Carlos had infected her with another dose of a biting virus each time he looked at her.

"You can handle this Andrea...just ask the questions...get the answers you want and then sit down...no problem," She reassured herself before diving headlong into the testimony.

It was easier said than done for Andrea. When she went back weeks later to study the videotape of her interaction with Carlos, she would privately bow her head several times at the numerous instances she stuttered her words or saw her knee shake noticeably under the hem of her dress as she asked him questions.

As she was going through it in real time however, Andrea was completely locked into the process. Her questioning of Carlos, in all, took just under an hour but by the time she got back to her seat and allowed Becky Montclaire's defense attorney to cross, Andrea felt as if she had been forced to stand naked outside in a weeklong hailstorm.

Letting out a huge, pained sigh before taking a long sip of water, when Andrea pressed her thighs together to push her chair closer to the desk, a sudden and unexpected jolt of electricity registered in her brain.

"You're wet... down there," Andrea guiltily realized, feeling the buttery sheen of her arousal seep into the fabric of her dainty white panties.

"Its just your nerves...relax," She tried telling herself as she focused her attention on the defense lawyer's cross examination of Carlos.

Marvin Likowitz happened to be one of Colorado Springs most prominent defense lawyers. Using every bit of money her deceased parents had left her was the only way Becky Montclaire could have ever retained his services. In fact, she was lucky he accepted taking a nominal pay cut for taking case because he knew a high profile case such as this one would help his national profile.

A short, pudgy and balding Jewish man in his late 40's who had grown up back East and gotten his Law degree from Columbia University, Andrea immediately took a liking and respect for Likowitz even though he provided more than a cagey adversary.

"This is the first major case of your life and he's tried hundreds just like this... Andrea...how in the world are you supposed to win...you don't stand a chance," she remembered thinking to herself when she first got the news who her counterpart would be.

With the power of positive thinking not exactly on her side, Andrea did the best she could to ignore who the other lawyer would be and simply focus on the facts of the case, knowing if she could clearly and concisely do that for the jury, at least she could live with her conscience if she lost.

Stting there in her chair, trying her best to ignore the nagging buzz between her legs, Andrea focused on Likowitz's cross, brimming with nervous pride as the testimony went on that she might have a chance at pulling this one out.

Eventhough Likowitz had gone to great lengths to delve into Carlos' sordid background and to slam his credibility, it seemed as if the aloof but convincing young boy was doing a good enough job of standing up for himself.

"Why is he staring at you the whole time he's responding to Marvin's questions though?" Andrea asked as she squirmed uneasily in her seat under the weight of Carlos's stare from the witness stand.

"He just doesn't want to look the Likowitz or Becky in the eyes...and your sitting less than 20 feet away...it isn't like you have to stare back," her inner voice sarcastically scolded.

"Have you ever used drugs, Mr. Vargas?" Likowitz asked bluntly, clearly knowing the answer.

"Yes," Carlos responded.

"When did you start using illegal drugs for the first time?" Likowitz continued.

"I was 13...maybe 14," Carlos replied.

"That's awfully young Mr. Vargas...you certainly didn't have a job then...how would buy them for yourself?" Likowitz led.

"Sometimes friends would...sometimes I would with my own money," Carlos soberly shot back.

"But you weren't old enough then to work and make your own money...how could you afford to pay for the drugs?" Likowitz haughtily quizzed.

"Various ways," Carlos snipped back.

"Like from dealing or stealing?" Likowitz scolded, making a quick turn to highlight the point with the jury.

"Objection," Andrea yelped, nearly jumping out of her seat.

"Overruled," the judge answered. "The witness will answer the question."

"Yeah...sometimes," Carlos replied with a certain level of moxy and pride.

"When you and Becky were seeing each other...who bought the drugs?" Likowitz continued.

"Most of the time she would...with the money she got fro her ex-husband," Carlos answered in a rehearsed tone.

"Did you at any time ever buy them?" Likowitz sneered.

"Yes...a few times," Carlos admitted.

"Isn't it true that early on in your relationship with Becky that she admitted to you that she had a history of addiction?" Likowitz pointedly asked.

"Yes...she talked about it," Carlos shock his head.

"Didn't you take that admission and run with it knowing Becky Montclaire had this weakness and if you got her hooked she would be powerless to say no to anything you made her do?" Likowitz raised his voice.

"Objection," Andrea gruffly interjected again.

"Sustained," the judge quickly admonished.

"Withdrawn," Likowitz smiled, hoping he had made his point with the jury.

On and on it went for the next two hours, Likowitz punching holes in Carlos' story and Andrea fighting as diligently as she could to maintain Carlos' credibility.

When Likowitz brought up the, "better blowjob from a high school girl" comment that Carlos had made, Andrea could see every female member of the jury roll their eyes disgustedly but she also saw a twinkle in each of their eyes as well, that deep down they knew that Becky Montclaire was still the adult in her relationship with the student and didn't adhere to her duty as such.

For the first time since she was handed the Montclaire case a few weeks earlier, Andrea's stomach tightened with the expectation that she could win. Knowing Likowitz wouldn't dare put Becky on the stand to testify on her own behalf and not having any another witnesses to vogue for her except for a few random psychologists to talk about Becky's addictive weaknesses, there really weren't that many bullets left in the defense's chamber.

Daydreaming about her prospects for success, Andrea was even able to forget about the strange burning itch between her legs for the rest of the afternoon as she started to contemplate her closing arguments.

Three and a half days after the trail began, it was sent to the jury for a verdict.

* * * * *

When court was finally called to order at 10am the next Monday and word had come down that the jury had reached their decision, Andrea nervously fidgeted in her seat like a young girl who didn't know if she was going to Disneyland or the Dentist.

Trying to gauge the faces of a jury was something Andrea had never been very good at. Not even wanting to venture a guess based on their conflicting expressions, Andrea turned her attention instead to her adversary.

Returning Marvin Likowitz's friendly, professional smile, Andrea's filled with hope seeing that he didn't have the aura of a man expecting to win.

"He's been doing this for a lot longer than you...Kid," Andrea brimmed internally. "That's a good sign."

Leaning back in her seat as the judge crustily went through the formalities before the verdict announcement, Andrea stole a few more random stares around the courtroom, first sizing up Becky and trying to find some level of pity in her soul for the woman. Casting her gaze further back in the room, Andrea couldn't help but feel a little weak in the knees when she saw that her boss and several of her co-workers from the prosecutor's office had made their way to the courtroom to await the decision.

Fanning her sightlines across the room, Andrea could also see Carmen and Carlos sitting side by side in the third row of the gallery. Even though it had been nearly three weeks since her awkward and forgettable visit to Carlos' apartment, Andrea still felt a sickening, almost wretching, wave of guilt ripple through her body as she stared at the young couple.

Tearing her eyes away from Carlos and Carmen, Andrea stared back at the judge as he prepared to call for the jury's verdict, knowing she was potentially standing on the highest precipice of her professional life.

* * * * *

"In the case of the State of Colorado verses Becky Montclaire the jury finds the defendant GUILTY of taking indecent liberties with a minor, GUILTY of contributing to the delinquency of a minor and GUILTY of possession of a controlled substance with the intent to distribute."

"YESS," Andrea Bell internally shouted as she allowed herself to crack a half smile across her heavily made up face.

Casting a polite grin across to Marvin Likowitz for a trial well run, Andrea felt her head swooning from the sizzling and excited feel of blood rushing to her brain, as a litany of well wishers came over to congratulate her.

An hour after the decision, Andrea had finally been able to retire to the comfort and privacy of one of the small DA's offices that the State had inside the courthouse where she rehashed the case with several of her co-workers and her boss. By the time noon rolled around and one by one, each of her well wishers had bled away to take their lunch break, Andrea finally found herself all alone to privately glow in the thrill of victory.

The first thing Andrea did when no one was looking was to turn the picture of her ex-husband around on her desk so she could look into his dark, lying eyes.

"What did you think of that ...you pathetic bastard, "Andrea whispered with bitter satisfaction, remembering all the times Chuck had belittled her during their marriage, telling her she'd never make anything of herself.

Wallowing in her own world of self adoration, for longer than she would have dared admitted, Andrea was jolted back to reality when there was a series of firm knocks at the door.

"C...C...Come...in," Andrea babbled dreamily as she stumbled up to greet whoever it was at the door.

Expecting it to be another co-worker stopping by to congratulate her, or perhaps a member of the media checking in to get a quote for a story, Andrea froze in disbelief when she saw Carlos, followed by his girlfriend Carmen, slip through the door.

"C...Carlos...C...C...Carmen...how are you?" Andrea stuttered as she hesitantly eased back to allow the two teenagers enough room to enter.

"I did...want to thank you Carlos for your testimony...you were our best hope and you came through big time...Thanks...from the bottom of my heart...I know it must have been rough for you...under the circumstances...having to testify against Becky and all...but...everyone here in the Office appreciates it," Andrea offered nervously.

"No big deal," Carlos grinned back, almost shyly."Just a matter of telling the truth...right?"

"Yes...Yes it is," Andrea beamed proudly, disbelieving that it was Carlos Vargas across from her being so modest and polite.

It wasn't until nearly a minute after Carlos and Carmen entered the room that the dark recesses inside Andrea's psyche reminded her of what had happened a few weeks earlier when she had visited Carlos' place.

Her enthusiasm instantly cooling, Andrea's body visibly tensed as she took a step back and placed her rear end against the front edge of her desk as she started to rub her hands together.

Feeling strangely naked despite the fact that she was immaculate dressed in a business suit she was still paying on, Andrea found herself instinctively covering her breasts with her arms as she cast Carmen and Carlos a sheepish and phony smile.

"Like I said...we just wanted to stop by before we left...to thank you and all ...I hope Becky doesn't get too much jail time out of this...we were kind of close once...she just had a lot of stuff stacked against her...you know...she just needs some help," Carlos offered with surprising clarity and concern despite the fact that his jealous, and seemingly uninterested girlfriend, was casting him the evil eye.

"I'm sure the judge will take that into account when we get into the sentencing phase...the possession with intent charge will be the biggest hurdle she'll have to overcome," Andrea honestly replied. "But I'd be shocked if she got more than 6 months."

The awkwardness of the dialogue was clearly evident on all three faces in the room as nearly 10 seconds went by without anyone saying a word.

Turning to her side so she could reach a few of the scattered folders on her desk, Andrea aimlessly started to stack and sort the pile of random papers, hoping it would become apparent to Carmen and Carlos that she was preparing to leave.

"Guess we'd better be going," Carlos coughed, clearly picking up on the lawyer's not so subtle hint.

"Yeah...I ...was...getting ready to...," Andrea started before Carmen spoke up in mid sentence.

"Is that picture of your son?" she asked in a tone of shared motherly curiosity.

"Ye...Yes it is," Andrea replied as she turned around slightly to face Carmen.

"He's very handsome," the young Puerto Rican girl complimented in her best broken English. "My son is 2...he still lives with his Grandmother back in San Juan."

"...Oh," Andrea shook her head blankly before returning to her feigned paper organizing.

Bending and stacking the scattered folders on her desk as she waited for the relieving sounds of Carmen and Carlos exiting the room, Andrea felt as if her frayed nerves had literally started to bleed when that sound didn't come.

"Is that your Husband?" Carlos' booming voice asked, shattering the eerie silence that had enveloped the cramped room.

"Huh...," Andrea gulped from the strange inquiry. "He's...my...Ex...Ex Husband...Why?"

"Oh...no reason," Carlos quickly replied as he soaked in the signs of Andrea's definite discomfort. "No reason...just curious."

Sensing she had become trapped in her own office with Carlos and Carmen blocking the room's only exit, Andrea stood in a surreal stew of conflicted emotions, too numb and confused to turn around and face the two, as she nervously tapped her fingernails on the cluttered desk.

The blood rushing rapidly in her ears combined with the jittery tapping of her own fingers, preventing Andrea from hearing Carmen quietly close the door at the same time her boyfriend's footsteps eased up behind Andrea's turned back.

Feeling her feet burn as if the fires of Hell were raging beneath her, Andrea couldn't help but shiver to her core as her blood turned to ice crystals in her veins.

Casting her weary gaze up to the picture behind her desk, Andrea felt her knees turn to jelly when she saw Carmen's reflection standing there, blocking closed door.

"OH...GOD...NO," Andrea shuddered when she felt Carlos grab the hem of her knee length skirt and start lifting it up in a series of calm and precise increments.

Instinctively trying to clamp her thighs together to ward off the teenager's advances, Andrea nearly broke into tears when she realized she was an instant too late. Just as she mustered every bit of energy at her disposal to block off her privates, Carlos slipped his meaty paws between her thighs and dug his fingertips into her nylon clad thighs before she could get her legs together.

Feeling as if she had become sandwiched between the front edge of her desk and the brooding, 6 foot 4 inch hulk fondling her from behind, Andrea's heart sank even further when Carlos began to whisper into her ear.

"I know what you did...Mrs. Bell...Yep...I know what you did while you were in my bathroom the other week...you should be ashamed of yourself...and you definitely shouldn't have been so loud with Carmen in the next room trying to sleep."

"Nooo...they couldn't have heard ...that," Andrea cringed morosely.

"Don't even try to lie about it Lady," Carlos taunted. "I could smell it on you when you hurried out of my place that day...Hell ...Carmen could even smell the traces of your perfume on her panties when she went to wash them later that night...you are a nasty...nasty Slut...you can dress yourself up all pretty in those business suits and put all that makeup on your face that you want...but underneath all of it...you're nothin' but a pathetic...deprived ...and desperate Whore!"

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