Betrayal: Beth

"Heard them?" the prosecutor asked.

"Yes," I said. "I could hear them kissing and moaning as if they were making out. I could hear Beth as he drove her to orgasm." Beth wiped her eyes as I recalled what I heard. "Then I heard them in what used to be our bed, having sex."

"What happened then?" the prosecutor asked.

"He would come into my room and taunt me while she showered," I said. "He put his finger under my nose and tell me that was as close as I would ever get to my wife again. One day, he brought in a monitor and a box and told me it was so I could watch a real man fuck my wife." That brought gasps from Beth and the jury.

"Your honor," the prosecutor said as the bailiff wheeled out a cart with a large monitor and a black box into the courtroom, "this is the monitor and box Mr. Robinson is referring to. The box is actually a digital video recorder. The system also included two video cameras, one set up in Mr. Robinson's master bedroom and another in the room where he stayed. We copied several hours of video recorded by the device." The prosecutor turned back to me.

"Is it your testimony that Mr. Akins used this so you could watch him have sex with your wife?" he asked.

"Yes," I said quietly. Beth looked at Don, shocked.

"You bastard," she said. The judge pounded his gavel.

"Order in the court," he said. Beth quieted down and the prosecutor continued.

"Did you know that Mr. Akins placed a camera in your room as well as the master bedroom?" he asked me. I shook my head. This was news to me.

"No, sir, I didn't," I said.

"How did your wife react to this monitor?" the prosecutor asked.

"She thought it was wonderful that he had gotten it for me," I said. "Apparently, she thought it was so I could watch sports on television."

"And was it about this time that the abuse against you began?" the prosecutor asked.

"Yes, it was," I said.

"Please, tell the court what would typically happen," the prosecutor said.

"After Don and my wife had their fun, he would come into my room and turn the monitor off," I said. "Then he would lift me up and pull my pajama bottoms down and have his way with me."

"Is it your testimony that he sodomized you?" the prosecutor asked.

"Yes," I said, embarrassed.

"Go on," the prosecutor said. "Did it end there?"

"No," I said. "Once he was finished, he would force my mouth open and put his penis inside. I thought I was going to get sick to my stomach."

"So, it's your testimony that after Mr. Akins sodomized you, he forced you to perform fellatio on him?"

"Yes," I said, even more embarrassed.

"Was your wife ever present when this took place?" the prosecutor asked.

"Not that I'm aware of," I said. "He always seemed to finish about the time she was done with her shower. Afterward, she would come into my room and tell me how wonderful it was we had a friend like Don to help look after me."

"How often did this happen?"

"About two or three times a week," I said.

"For how long?" the prosecutor asked.

"About four months," I said. I heard members of the jury gasp and as I looked, I saw some of them glare at Beth and Don with hatred in their eyes. Beth looked down at the table, as Don sat stoic, looking straight ahead.

"So, you estimate that this happened about 35 times overall?" the prosecutor asked.

"About that, yes," I said.

"Were you aware that Mr. Akins recorded his time in your room?" he asked me. I shook my head.

"No, I wasn't," I said. The prosecutor looked at the jury.

"In fact, ladies and gentlemen, Mr. Akins recorded himself abusing Mr. Robinson 36 times on this device," he said. He paused as the jury took that in. "With friends like that, who needs enemies?" the prosecutor asked, rhetorically. The defense attorney objected, and the judge sustained the objection. "That's all I have for this witness at this time," he said. "But I reserve the right to recall Mr. Robinson to the stand."

"Very well," the judge said. "Your witness, Mr. Greene," he said to the defense attorney. Greene stayed at his table and looked up at me before speaking.

"Mr. Robinson, I am sorry to hear of your injuries and I do hope you get better," he said.

"Thank you," I said.

"Just one thing," he continued. "At any time, did you ever indicate to Mr. Akins that you did not approve of his alleged actions?"

"I wasn't able to," I said. "I was completely disabled at the time and I couldn't even speak."

"So the answer is 'no,' then," he said.

"That's because I couldn't," I said, getting irritated.

"You also failed to inform anyone what happened, not even your wife. Isn't that true?" he asked. Now I was pissed.

"That's because I was completely disabled and couldn't, you FUCKING MORON!" I yelled, slamming my fist down on the heavy wood rail in front of me. For a moment, no one said or did anything. When I moved my hand away, I saw that I had cracked the railing. I didn't realize I had hit it that hard. I looked at the judge before speaking. "I'm sorry, your honor," I said. "I lost my temper."

"Don't do it again," he warned me. I nodded my head.

"That's all I have for this witness," Greene said. The judge indicated that I could leave the stand, and Dr. Steiner came to walk me back to my seat. The prosecutor then called Dr. Steiner to the stand.

He told the court about my injuries, and the extent of my disability. He also explained that he had found significant rectal damage and semen. He took samples for evidence and testing, then did what he could to heal the damage. He also explained the surgery he had performed and my progress since the surgery.

"And in your professional opinion, the only way for this damage to have been done is for Mr. Robinson to have been sodomized, is that right?" the prosecutor asked.

"Correct," Dr. Steiner said. "It would also explain the presence of semen."

"Thank you," the prosecutor said. He turned to the jury. "Ladies and gentlemen, that sample was tested by the state and found to be semen. Further testing and DNA analysis proves with a 99.999995 percent certainty that the semen is that of the defendant, Mr. Donald Akins." He turned to the judge. "That is all I have for this witness, your honor."

"Your witness, Mr. Greene," the judge said.

"Thank you," he said. "Dr. Steiner. You run the Arrowhead Institute of Advanced Medical Research, is that correct?"

"Yes, that is correct," he said.

"You engage in some pretty cutting edge research there, do you not?" Greene asked.

"Ja," Dr. Stein said, slipping into his native German, as he sometimes did. Greene pulled out a piece of paper and began reading.

"Each of us have various defense mechanisms to help us cope with extreme situations. Sometimes, we fall back on an alternate version of ourselves, what could possibly be described as an 'alter ego,' if you will. That alter ego could manifest itself in many ways. A normally quiet, unassuming individual could suddenly become boisterous, arrogant and overbearing, for example. Those not familiar with this behavior from that person would suddenly have a much different opinion of him or her," he read before looking back up at Dr. Steiner.

"You also write about something called an 'inner beast' that lays dormant within each of us. According to your writings, you claim to have found a way to unleash that so-called 'beast' to help deal with a particular situation. Is that true?" he asked.

"I did write that, and yes, my research has found that to be the case," Dr. Steiner said.

"Is it not true that some time back, you worked with a Mr. Bill Dalton, and helped him find his alleged 'inner beast?' Just yes or no would do fine," Greene said.

I worked with Mr. Dalton, yes," Dr. Steiner said. "The exact nature of my work, however, is a matter of doctor-patient confidentiality."

"Is it not true that toward the end of his treatment, Mr. Dalton's house mysteriously blew up?" Greene asked. The prosecutor immediately objected.

"Irrelevant, your honor," he said.

"Your honor," Greene said. "We all witnessed Mr. Robinson's reaction. If you'll allow me, I think there is a connection."

"I'll allow it for the moment, Mr. Greene," the judge said. "But I would appreciate it if you could make your point and move on."

"I will, your honor, thank you," Greene said. He turned back to Dr. Steiner.

"Are you aware of what happened to Mr. Dalton's home?" Greene asked.

"I remember seeing something about it on the news," Dr. Steiner said. "I also remember the police saying that Mrs. Dalton and her live-in lover were making drugs using highly volatile material. I don't see the connection to this case."

"According to police reports, Mrs. Dalton was seen running out of the house screaming about a monster," Greene said.

"Apparently a result of the drugs she and her lover were manufacturing," Dr. Steiner said.

"Your honor, this is completely irrelevant to the case before the court today and Mr. Greene knows that full well. I insist this line of questioning be stopped," the prosecutor said.

"I tend to agree," the judge said. "I've been more than fair, Mr. Greene. Please move on."

"Very well, your honor," Greene said. "I have no further questions for this witness." The judge dismissed Dr. Steiner and the case went on.

The prosecutor called the state agents who searched my apartment. Both of them said they found what appeared to be copious amounts of body fluid in the seat of my wheelchair. Samples showed they were semen and blood -- Don's semen and my blood.

Then he called home health care nurses who testified they noticed what appeared to be signs of physical abuse. They noted it in their records, but the home care facility never followed up and the reports ended up falling through the bureaucratic cracks.

"I have one last piece of evidence, your honor," the prosecutor said. "With your permission, I would like to play a portion of video taken of the abuse against Mr. Robinson."

"Very well," the judge said. The prosecutor looked at the jury.

"Ladies and gentlemen, what I am about to show you is graphic and shocking," he said. "I take no joy in this, but I believe it's necessary that you see for yourselves what Mr. Robinson had to endure for months on end." He turned on the monitor and began playing the video. The jury grimaced as they watched Don taunt me, then roughly pull my pajama bottoms down, lift my legs over his shoulders and penetrate me.

As they watched, Don could clearly be seen as he fucked me roughly. He looked up and his eyes were screwed shut as he began to ejaculate. The prosecutor paused the video and enlarged the picture.

"Ladies and gentlemen, let there be no doubt in your mind who is doing this heinous act to a man who once thought of him as a friend," he said. After the jury looked at the picture for a few moments, he started the video again.

As we watched, Don finished, then pulled my pajama bottoms back up. The video then showed him forcing his dirty prick in my mouth. Tears started falling down my face in shame. Once again, the prosecutor paused the video. He looked at the shocked members of the jury.

"I rest my case," he said with disgust.

"Mr. Greene, you may present your case," the judge said after the prosecutor sat down. Greene got up and called Beth to the stand.

"Mrs. Robinson," he said. "Is it true that you had a sexual affair with Mr. Akins?"

"Yes, it is," she said quietly.

"Can you tell us why?" he asked.

"My husband, Tim, was injured so bad and I felt lost and hopeless," she said. "He was there when I needed a shoulder to cry on. Yes, we had sex, but that's all it was. Just sex, nothing more."

"Were you aware that Mr. Akins was also with your husband?" Greene asked.

"No, I wasn't," she said.

"If you had known, would you have done anything to stop him?" Greene asked.

"Yes, I would have," she said.

"Thank you, Mrs. Robinson, that's all for now. Your witness, Mr. Johnson," he said, sitting down. The prosecutor got up and walked to the monitor. He went to an image on the video that clearly showed both my face and Beth in the same frame.

"Mrs. Robinson," he began. "You testified that you had no idea your husband was being abused. Is that correct?"

"Yes," she said.

"Look at his face in that video," the prosecutor said. The hurt and humiliation was obvious to anyone looking at the video. "Do you expect this court to believe that you could look at your husband of three years in that condition and not know that something was wrong?"

"It didn't cross my mind at the time," she said.

"Before Mrs. Akins brought home health care workers into the home, did you ever once feed him or clean your husband?" the prosecutor asked.

"I tried, but I wasn't very good at it," she said.

"What about afterward?" he asked. "Did you even try to help?"

"No," she said quietly.

"And why was that?" the prosecutor asked.

"I don't know," she said. "I thought Don was helping him and I really didn't know what to do."

"The truth is, you basically abandoned him, didn't you?" the prosecutor asked, eliciting an objection from Greene. "I withdraw the question," Johnson quickly said. "You said your affair with Mr. Akins was purely sexual, correct?"

"That's right," she said.

"And you claimed in your testimony that you still love your husband, right?" he asked.

"Yes," she said. Walking back to his table, Johnson pulled out an audio recorder and a folder from his briefcase. He walked back to the bench.

"Your honor, this is a written report done by Samuel Jenkins, a private investigator hired by Mr. Robinson's attorney," he said, handing the report to the judge. "A copy of this report and the audio was provided to Mr. Greene, as the accompanying affidavit shows. The report references an audio record of a conversation between the defendants made as they were out on a dinner date shortly after Mr. Robinson was admitted to Arrowhead. With your permission, I'd like to play that audio for the jury."

"Very well," the judge said. Johnson pressed a button on the recorder and the courtroom could hear a conversation between Beth and Don.

"So, have you given any thought to what we discussed?" Don's voice said on the audio.

"I have, and I admit, I'm intrigued," Beth said.

"Well, what do you think?" Don said.

"I have to admit, these last several months with you have been terrific," she said in the recording. "Much better than my life with Tim has ever been. Are you sure we can pull this off?"

"Of course," Don said. "I'm a lawyer. You know I can get a judge to do whatever I want. Getting Tim declared a ward of the state would be a piece of cake. He can't take care of himself and it's obvious you're not trained to take care of him."

"Frankly, I can't stomach the idea of it," she said. "I mean, feeding him like a baby, wiping his drool, changing his diaper and washing his ass -- yech. It makes me sick just thinking about it. I need a man -- a whole man. A real man, like you."

"You and I both know this Steiner guy won't be able to do anything for him," Don said. "All the doctors said he would be an invalid for the rest of his life. Once we get him declared incompetent, we can get hold of that huge ass settlement of his and go live like kings in Costa Rica someplace. Wouldn't that be better than staying here, wiping the shit off little Timmy's ass?"

"Yeah, it would," she said. "What about Kathy, though?"

"What about the bitch?" Don said. "Look, things haven't been that great between us for a long time. She wants kids, but I don't and I'm frankly getting tired of her constant nagging anyway. I just want to make sure that you're not going to go soft on me and tell me you still love Tim after we get things rolling."

"That won't happen," she said. "I love you and only you." The prosecutor stopped the audio, then looked at Beth. I felt as if my heart had just been torn out -- again.

"So, you and your lover planned to have your husband declared incompetent so the two of you could grab his settlement money and run off to Costa Rica," Johnson said. "So, were you telling your lover the truth, or were you telling the truth here in court? Which is it, Mrs. Robinson? Please tell me now so I know whether or not to charge you with perjury." Tears ran down her face as she was now forced to publicly face her own duplicity.

"I don't know," she cried. "I still love Tim, but I love Don, too." She looked over at me. "Please, Tim, forgive me." I shook my head and looked away from her. Johnson looked at her, disgusted.

"I'm done with this... witness," he said, walking away. The judge excused her and Greene called Don to the stand.

"So, Mr. Akins," Greene began after Don was sworn in. "We've seen video of you and Mr. Robinson. There's no denying what we all saw. I just have one question. At any time, did Mr. Robinson indicate to you that he did not consent to your actions?"

"Not once," Don said, a sneer on his face.

"Thank you," Greene said, turning away. "Your witness," he told Johnson, who was already on his feet.

"Mr. Akins," Johnson began. "You graduated from Harvard Law School, did you not?"

"Yes I did," Don stated proudly.

"And you graduated near the top of your class, didn't you?" Johnson asked.

"I did," Don said.

"In fact, you're highly regarded as a top litigator in your firm," Johnson said. Greene objected.

"Relevance, your honor," he said.

"Your honor, I intend to show that Mr. Akins not only knows the law, but he knew that Mr. Robinson could not possibly have denied consent," Johnson said.

"Go ahead, Mr. Johnson," the judge said.

"Thank you," Johnson said. He turned back to Don. "You knew that Mr. Robinson was disabled, didn't you?" Don sighed but said nothing. "DIDN'T YOU?" Johnson bellowed.

"Yes, I knew," Don said.

"And you knew that the law in this state says persons with Mr. Robinson's disabilities are incapable of giving consent, didn't you?" Johnson asked.

"Yes, I guess so," Don said. Johnson looked at him with disgust for a few moments, then shook his head.

"I'm finished with this witness," Johnson said, walking away.

"Any more witnesses, Mr. Greene?" the judge asked. Greene shook his head.

"No, your honor," he said. "I rest my case."

"Very well," the judge said. "We'll take fifteen minutes and reconvene to hear closing arguments." He pounded his gavel and everyone left the courtroom. Dr. Steiner handed me a cup of water.

"How are you holding up?" he asked as I sipped the water.

"I'll be okay," I told him. He patted me on the shoulder.

"Good," he said. Johnson turned to see how I was doing.

"I'm sorry you had to relive all that," he told me. "I think we've made an impression on the jury. We'll see. This is almost over, Tim. Hang in there."

"Thanks," I said. Soon enough, the break was over and everyone came back into the courtroom. Don, Beth and Mr. Greene didn't look as confident as they did earlier in the day. Kathy looked angry enough to spit nails. This was the first time she had heard much of this. The bailiff had everyone stand when the judge came back in.

"All right, Mr. Greene, present your closing statement," he said. Greene stood up and faced the jury.

"Ladies and gentlemen of the jury," he said. "This is not an easy case for any of us, and contrary to what you might believe, we do hope that Mr. Robinson gets better. We've stipulated that the sexual intercourse happened with Mr. Robinson. We're not arguing that point. But this is a case that revolves around consent, or the lack of it. Mr. Robinson admitted under oath that he never once indicated to my client that he did not give consent. Mrs. Robinson had no clue there was anything out of order and she never knew the sexual activity had taken place. Therefore, you have no choice but to find my clients not guilty. Thank you."