Wrongfully Accused

"A plan?" said Alex with a sigh. "Okay, this ought to be good. Let's hear it."

**********

Brian walked into the courtroom with Alex on the day the trial was to begin. Sarah was already seated at the prosecution table, along with one of her associates, a woman named Janet Morrow. They were busy shuffling papers and speaking in hushed tones, making last minute preparations for the trial. The judge arrived and was announced, and everyone stood. After a series of formalities, Sarah stood and began to make her opening statement. As she spoke, Brian could already feel the stares of the jurors, sizing him up and deciding his guilt before a stitch of evidence was presented.

When Sarah was finished, Alex rose and spoke briefly and shrewdly, already laying down seeds that would hopefully grow into doubt. When Alex had finished, Brian turned and looked around the courtroom. There, seated behind the prosecution table, was Nancy. She was watching him, as he suspected she would be.

Nancy was a natural blonde of average height. Her stature was the only thing average about her. She was strikingly beautiful, blessed with long legs, an hourglass figure and a flawless complexion. She was the kind of woman that men made fools of themselves around, but she pretended not to notice. When Nancy walked into a room, everyone noticed.

Sarah began by presenting some of the physical evidence in the case. She exhibited pictures of the rope marks on Nancy's wrists and ankles, as well as the bruises on and around her breasts and neck. Several of the jurors expressed disgust as they looked at the pictures, one man locking eyes with Brian while projecting a seething hatred.

Sarah then presented the DNA evidence, showing that the ropes found in Brian's home had been in contact with Nancy, and that the semen collected from her had matched Brian's DNA. She then spent a fair amount of time questioning the doctor and nurse who had examined Nancy. They described the vaginal and anal bruising and trauma as being consistent with other rape cases they had encountered. Alex pushed them on cross examination, and was able to at least put a tiny crack in the foundation of their assessment. For now, that was what he wanted to accomplish.

Sarah then put Nancy on the stand. They walked step by step through the statement she had made to the police that led to Brian's arrest. Alex didn't interrupt, preferring instead to allow her to finish as quickly as possible. He wanted to get Brian on the stage as soon as he could. The courtroom was dead quiet by the time Nancy had finished her testimony. Alex declined to question her at that time, requesting that she be available later in the trial. It was late in the day at this point, and the judge adjourned until ten o'clock the next morning.

The next day, Alex called Brian to the stand. Ordinarily, he would have waited until all other evidence was presented. For this case, he wanted to get Brian on first. It was Brian's wish to have the case thrown out of court and all charges rescinded. If Brian's plan worked, that very well might happen. Brian took the witness stand and was sworn in by the bailiff, and Alex stood before him and began his questioning.

"How long have you known Ms. Gaines, Brian?"

"I've known her since last October."

"October? So you knew her before the day of this alleged incident in January?"

"That's correct."

"How did you meet Ms. Gaines, Brian?"

"We met at an art show. An erotic art show. There were two works of art in particular that we both were enthusiastic about."

"Can you describe them?"

"The first was a charcoal sketch of a nude woman. It was drawn from behind. She was wearing a pair of impossibly high heels, and her arms were stretched overhead. Her wrists were handcuffed together, and the cuffs were attached to a hook sunk into a wood beam on the ceiling above her. The second was a sculpture of a woman on her knees, her hands tied together behind her back and tethered to her ankles with rope. She, too, was wearing very high heels."

"Did you discuss the pieces with her?"

"I did. I believe I told her they were exquisite."

"Did she reply, Brian?"

"Yes. She said when she closed her eyes, she could feel exactly what those women were experiencing. She called it exhilarating. I told her I was sure it was."

"Did you speak further?"

"Later on we did. I spent some time wandering around the exhibit."

"What did Ms. Gaines do?"

"She seemed to be following me. I'd be looking at something, and I'd look up and she was in the vicinity, catching my eye and smiling."

"Did she approach you again?"

"She did. I was preparing to leave, and she caught me near the coat check."

"What did she say?"

"She asked me if I knew the proper use for rope, and if I was capable of using it."

"And?"

"I told her it was a hobby of mine. She asked me to prove it. One thing led to another and she followed me to my home."

"What happened there?"

"I showed her around while we had a drink. Nancy excused herself to use the rest room, and I went to look for her after she had been gone for an inordinate amount of time."

"Did you locate her?"

"Yes, I did. I found her on my bed. Naked, except for her heels. Her heels, and the handcuffs she had used to attach herself to my headboard."

There was a murmur in the courtroom that caused the judge to tap the gavel on the sound block on the bench. Brian glanced over at Sarah, who appeared to have some color rising in her cheeks. He then glanced at the juror's box, and saw that he had the attention of everyone there.

"What action did you take at that point, Brian?"

"Do I really need to explain the birds and the bees to you, counselor?" replied Brian, causing the courtroom to erupt in laughter. "We spent the night having sex, a good deal of it with Nancy attached to that headboard."

"What happened when you finished?"

"Nancy kissed me and thanked me before curling up next to me and falling asleep."

"Did you hold Ms. Gaines against her will at any time?"

"No. She woke up just after sunrise and got dressed. She kissed me, thanked me again, and left."

"When did you speak with her again?"

"It was about ten days later. She called me on my cell phone."

"Did you give her the number?"

"No. She got it on her own somehow."

Alex walked over to the defense table and pulled out a sheet of paper. "Your Honor, I'd like to offer into evidence Defense Exhibit A. It is a copy of Mr. Flood's cell phone records. Of particular interest are two calls. The first was at four-sixteen AM on October nineteenth, and it was from Mr. Floods phone to the phone of Ms. Gaines. The Second call was at eleven fourteen AM on October twenty eighth, placed from Ms. Gaines' phone to Mr. Flood's."

Alex handed to document to the bailiff, who handed it to the judge. Accepting the document into evidence, it was passed to the jurors for review.

"Did you make a call to Ms. Gaines' Cell phone at four sixteen in the morning, Brian?"

"No. I was sleeping."

"Was there anyone else in your home other than yourself and Ms. Gaines?"

"No. It was only us. All of the doors were locked, and the alarm was set."

"So if you didn't make the call, than it must have been made by Ms. Gaines, is that correct?"

"I would assume so."

"Why do you think she would make such a call, Brian?"

"Objection, Your Honor," called out Sarah. "That calls for speculation on the part of the witness."

"Sustained. Rephrase the question, counselor."

"Does your phone automatically block your ID when you make calls, Brian?"

"No. It's possible, but I've never set it up."

"If you make a call to someone, then in theory they have access to your phone number, is that correct."

"Yes. They would have access to my phone number."

"And Ms. Gaines called you ten days later on your cell phone, using a number you never provided to her."

"That is correct."

"What did Ms. Gaines want when she called you on the twenty eighth, Brian?"

"She made some small talk, then asked if she could come over to discuss the art exhibit some more."

"And you agreed?"

"Yes. She came over that evening."

"Did you just talk, Brian?"

"No. There was little talk. Once again, we spent the evening engaged in sexual activity."

"Did Ms. Gaines have any special requests?"

"Yes. She had very specific requests about how she wanted me to tie her up."

Once again, the courtroom was abuzz. Alex waited for the noise to calm down before continuing.

"Did this pattern continue each time you saw Ms. Gaines?"

"Yes. She would call and ask to meet me, and she would come over with what seemed to me a plan in mind. With each visit, Nancy pushed the envelope a bit further in terms of how I restrained her and what I did while she was restrained."

"So you followed a script, Brian?"

"I guess you could say that. It was a loose script. Nancy certainly left me some leeway to be creative."

"But that creativity was in keeping with the loose script she explained to you?"

"I'd say so."

"Would it be fair to say that Ms. Gaines, while appearing to be subdued and helpless, was actually running the show?"

"If I ignore my male ego, I guess you could say that," replied Brian. Once again, the courtroom was filled with laughter.

"I don't think it will be necessary for us to go through each of these encounters in detail," explained Alex. "However, I would like the opportunity to go over the evening in question in this case carefully and precisely. Your Honor, I'd like to request a private conference in your chambers with myself and Ms. Reese to discuss the next part of Mr. Flood's testimony. It will likely be a bit controversial. We may as well talk about it first."

The judge looked over at Sarah, who nodded her agreement. "Very well. Court is adjourned for today. We will begin again at eleven AM tomorrow."

The judge left the courtroom, followed by Alex and Sarah. They entered his chambers and took seats around a small coffee table he had on one side of his office.

"What have you got, Alex?" asked the judge.

"There were some very specific statements made in Ms. Gaines' testimony. Taken out of context, those statements sound damning. In context, however, they paint an entirely different picture."

"What's your point," asked Sarah.

"My client is going to have to get very specific and detailed about what occurred on the night in question. These specifics will be highly sexual in nature and quite descriptive."

"So, you are essentially going to turn the courtroom into an issue of Penthouse Forum?" asked an incredulous Sarah.

"My client needs to describe the entire proceedings, and how the testimony of Ms. Gaines fit into it."

"Are we really going to make the victim sit there and relive this horrendous act, Your Honor?"

"Sarah, if the testimony that Brian gives is false, then Nancy isn't reliving anything. If it's true, then HER testimony is false, and this isn't a crime. Well, not one committed by Brian anyway."

"It is a bit unusual, Alex" replied the judge. "I'm worried that it could be prejudicial."

"We sat there and listened to Nancy's side of the story. We listened to medical experts describe in detail other rape cases that showed the same type of injuries to the victim as Nancy displayed. Any testimony could be prejudicial. In a case such as this, all Brian has is his testimony. If he can't tell his story, he can't defend himself."

"I'm going to allow it, but tread very carefully, Alex."

"Your Honor, please," protested Sarah.

"You can appeal if you don't like it, Sarah. I'll see the both of you tomorrow."

Brian was in the hallway outside the courtroom, sipping water from a Poland Spring bottle when Sarah and Alex emerged. Alex pointed to the door of the men's room and walked inside. Sarah stopped in front of Brian, her briefcase in one hand at her side.

"That was quite a performance, Brian. What a tale you're spinning."

Brian looked down into Sarah's lovely eyes. "I'm just telling the truth, Sarah. It's too bad you weren't there. I think you might have enjoyed it," he said, smiling.

Brian could see the color rising in Sarah's cheeks once again. "I don't think that's an appropriate thing to say to an officer of the court in a situation like this, Brian. Do you?"

"Maybe not, Sarah. But why are you biting your bottom lip like that? It's quite sexy in case you were wondering."

Sarah frowned and turned to walk away. "I'll see you in court tomorrow, Mr. Flood." With that, she stormed off.

The next morning, Brian was again sitting in the witness chair, all eyes in the courtroom upon him. Alex had a sheet of paper in his hand and was standing a few feet away from the witness box. He was reading the paper, preparing himself to begin. Brian glanced over at Sarah and Janet at the prosecutor's table. Janet was flipping through papers, and Sarah was watching him with interest. She seemed to be a bit nervous about what was going to transpire in court.

Alex cleared his throat, and began speaking. "Yesterday, you testified about the events leading up to the morning of January twelfth, Brian. Please tell us what occurred on that morning."

"I was up early, a bit before seven. I had some coffee, then spent an hour in my gym working out. When I finished my workout, I started to cook myself breakfast."

"Did something happen while you were cooking?"

"Yes. I received a call on my cell phone from Nancy."

"When was the last time you had spoken with her before this call?"

"A little over two weeks prior. She had spent the night at my home that evening."

"Okay. What was the purpose of Ms. Gaines' call?"

"She told me that she was free the entire weekend, and asked if she could come over."

"What was your reply to that, Brian?"

"I told her that I had no plans, and that I'd love her to spend the weekend with me. She told me she would be there by ten, and I gave her the security code for the keyless access system. I finished breakfast and went in to take a shower."

"What time was it when you finished showering?"

"About nine-thirty. I walked out of the bathroom, and Nancy was there already."

"Where was she, Brian?

Brian looked across the courtroom at Nancy, who was sitting in her normal spot behind Sarah's table. She was watching him intently, hanging on every word. "She was lying on my bed. Naked. Watching me as I came out of the bathroom."

"Go on, Brian."

"She smiled at me and got off the bed. She walked over to me and threw her arms around my neck, then reached up and gave me a long, deep kiss. She told me that she'd missed me."

"What else did she tell you, Brian?"

"She told me that she wanted me to spend the entire day teasing her and withholding pleasure from her, and that she had brought along a bag of toys for me to use as a supplement to my own."

"What was in that bag, Brian?"

"A number of items. A blindfold. A leash and a collar. Several clamps of a sort that are used during sex play. Some stainless steel balls about the size of a walnut. A very large vibrator designed to look like a penis. An anal plug and some lubricant. And rope. A lot of rope." There was a buzz in the courtroom again as Brian listed the items out loud. Brian noted that Nancy continued to watch him, and she did not have a look of displeasure on her face. Neither did Sarah or Janet for that matter.

"Okay. Based upon the items Ms. Gaines brought with her and what she said, it appeared to you that she was prepared to have you use these items on her, but withhold pleasure. What does that mean, withhold pleasure?"

"That she wouldn't be permitted to achieve an orgasm."

"How do you know that?"

"That is the point in such things, Alex. The longer you allow the sexual tension to build, the more overwhelming it is when release finally comes. It is the anticipation, the promise of relief that seems right there, but is then pulled away, over and over, the need growing greater with each passing minute that runs into hours and hours." Brian was staring at Sarah as he spoke. She was looking down at the table, but sensed him, looking up and catching his eyes. Color burst into her face and she quickly looked away, admonishing herself for allowing him to unsettle her so easily.

"So Ms. Gaines wanted you to titillate her for the entire day, is that correct?"

"Yes. That is correct. But before we got started, she told me she was hungry."

"Did she not have breakfast?"

"I don't know. I'm pretty sure she wasn't referring to food, Alex," Brian said, looking at Nancy. She was unconsciously licking her bottom lip as Brian spoke. "She told me that just because she couldn't have relief, didn't mean that I couldn't."

"What did you do, Brian?"

"I handcuffed her hands behind her, and placed the blindfold over her eyes. Then I attached the collar and leash, and led her out of the bedroom into the sun room at the rear of my house. Once in there, I instructed her to drop to her knees, and she complied. I moved directly in front of her, and told her that my cock was in front of her face and that she should feed."

Sarah jumped to her feet. "I object, Your Honor. There is no need for such descriptive language here."

Alex jumped into the fray. "Not only have we already discussed this yesterday, but it is important for the jury to hear testimony that Ms. Gaines was an active participant in these matters. Without this testimony, it will be difficult for them to grasp the entire situation."

"Does he have to use words like that? His cock? Really?" asked Sarah.

"Using clinical terms may allow the jury to grasp the actions, but not the mood and the environment. This isn't a science lecture. A man's entire life is at stake," argued Alex.

The judge looked at Alex and frowned. "I'll allow it, counselor, but please keep your client under tight reign. Whatever testimony he gives better be relevant to this case."

"Of course, Your Honor. Thank you," said Alex.

"Go on, Brian. What happened next?"

"Nancy moved her face forward, finding me there. Of course, I was already quite aroused," said Brian as he looked over at Sarah. She kissed and licked me some, then took me into her mouth. She took her time, and from the sounds she was making, she seemed to be enjoying herself. She didn't stop until I came, or, if Ms. Reese would prefer, ejaculated. I noted that Nancy swallowed."

"Your Honor," screamed Sarah. "Was that really necessary?"

"Don't push me, Mr. Flood" said the judge. "Strike that last sentence from the record."

Brian looked at Sarah and smiled, then shifted his gaze to Nancy. She had a lustful glare plastered across her face, which is exactly what Brian had hoped would happen.

"Did you touch her at any time, Brian?" asked Alex.

"No. I thought about it, but I didn't want to assist her in any way."

"So at this point, entirely of her own volition, Ms. Gaines performed oral sex on you as she was handcuffed and blindfolded. Is that correct?"

"That is correct."

"Did Ms. Gaines ask you to free her at this point?"

"Yes and no," replied Brian. "She asked if I could bring her back into the bedroom and take the handcuffs off of her."

"That sounds like the answer is yes, Brian."

Brian shifted his gaze back to Nancy, who seemed to be quite taken with his testimony. He spoke as if directly to her. "She asked me to restrain her to the bed with the rope, one limb tied to each post. I asked her what she wanted, to which she replied that she wanted me to keep her in a state of continuous arousal for the entire day."

"Continuous arousal?" repeated Alex. "Yes. She also told me not to let her loose, no matter what she said. And that I was to use any of the toys available to me to keep her in that state of arousal. Then she begged me not to allow her have an orgasm before dinner time."