Caught with Consequences Ch. 02

Then...

"Yes," he answered simply.

Adele did not want to bore the jury to death with scientific jargon so left the questioning there.

Weldon Jennings got to his feet and made a point of turning off the screen and moving it out of the way and waited patiently for the exhibits to be returned to the evidence table so he had the jury's full attention.

"You did not actually conduct the forensic examination on Amanda Palmer did you Doctor Littlewood?" he began.

"No I did not. Just the exhibits and evidence collected from her," John Littlewood replied.

"You've given testimony at numerous trials Doctor Littlewood, you know you should limit your response to the question being asked," Weldon had scored a point when the doctor blushed.

"Do you know who did conduct the forensic examination?" he continued.

"Captain Joseph Morales US Air Force oversaw the exam. He signed and dated the SAFE report," John Littlewood squirmed a little in his seat.

"And do you know why Captain Joseph Morales US Air Force is not here to provide testimony?" Weldon smiled waiting for the objection.

Adele flew to her feet but the judge motioned for her to sit.

The judge turned to jury.

"The plaintiff's counsel was about to object on the grounds that the expert witness' response would only be hearsay. Now if this was a criminal trial, I would sustain the objection but once again I stress that this is a civil proceeding and the plaintiff and the defence are allowed some laxity," he explained.

"Answer the question to the best of your knowledge Mister, sorry, Doctor Littlewood," the judge turned back to the witness.

"Captain Joseph Morales refused our request to participate in the trial and the JAG had the subpoena issued by the plaintiff's counsel quashed," John Littlewood shook his head.

"So you had no opportunity to confer with the man who conducted the medical exam immediately after the event?" Weldon was on a roll.

"No," John Littlewood would not be drawn further.

"But my client attended your laboratory and freely gave you hair, blood and saliva samples. He even surrendered the clothes he was wearing the day of the incident, all without the need of a subpoena, is that right?" Weldon put out his hand to indicate Oliver Randal who was sitting up straight at the defendant's table.

Weldon didn't wait for an answer.

"To summarise your testimony, you claim the bruising and swelling and secretions found on the plaintiff are consistent with sexual assault. Is that correct?" Weldon asked.

"Violent sexual assault!" John Littlewood said angrily.

Weldon let the overemphasis go.

"Could they not also be consistent with vigorous consensual sexual activity?" Weldon asked.

"Yes, but not in my opinion," the doctor answered, but Weldon had scored another point.

"One final matter before we conclude doctor. The list of exhibits includes the plaintiffs torn pantyhose and panties. Did you find any semen or bodily fluids on either of those garments?" Weldon asked.

Adele looked confused. Why was he asking that question?

"I found nothing on those garments. But that's not to say they were not torn off during the attack," John Littlewood appeared smug again.

"If it please the court, I'd like to read an excerpt of the transcript of Miz Janet Pennyworths testimony?" Weldon looked at the judge who nodded.

Adele knew there was no point objecting, the transcript was already in evidence and on the record.

"'Her uniform was dishevelled. She was missing a shoe, her skirt was hitched up and her nylons were full of runners and her panties were torn and hung around one ankle' is what Miz Pennyworth testified."

"If this was the violent attack you eluded to and Amanda Palmer came out of Oliver Randal's office still wearing her pantyhose, wouldn't they too be stained by semen given it was found on her genitals, around her vagina, on her thighs and on her skirt?" Weldon said forcefully.

"They could have been removed during the attack," John Littlewood was still smug.

"So you hypothesise that Amanda Palmer, who you allege had just been violently sexually assaulted, stopped to put on her torn and runnered pantyhose before she left Oliver Randal's office?" Weldon grinned sarcastically at the doctor.

"Objection!" Adele almost screamed at the judge.

"Don't bother to answer Doctor," Weldon turned his back on the witness and went back to the defence table.

*****

The next witness that Adele put on the stand was Steven Baker; he had conducted a forensic examination of Amanda Palmer's cellular phone and found a series of messages and emails from Oliver Randal. Adele had to clear her head. Steven Baker had worked closely with Kimberly in her role as a paralegal when he examined the phone; Kimberly had put the evidentiary presentation together as part of the legal brief. Adele had to clear the images from her head of Steven Baker and Kimberly working in the office, stooped over the phone extracting and recording the data.

"Please identify yourself, your current employer and your area of expertise to the court," Adele began once she composed herself.

"I am Steven Baker and I am the Information Technology Specialist for Edwards and Bettany Attorneys at Law. I manage the firm's IT requisites and I am also a computer and digital forensic investigator," Steven Baker said.

"So you work for me?" Adele ensured the jury knew that he was her employee in case Weldon tried to make a deal of it.

"Yes, in the capacities I have stated," Steven Baker was now ready to give evidence.

"You conducted a forensic examination of Commander Palmer's phone did you not?"

"Yes. She provided her phone to the law firm at your request," Steven Baker turned to the large screen where a series of text messages appeared.

"I first examined the text messages she had received on her personal phone. Some were still stored on her phone and some had been deleted but I was able to recover them. Some were very explicit and had images attached."

A series of 'dick pics' appeared on the screen.

Adele had Steven Baker read out some of the more explicit text messages and emails that Amanda had received. They were mainly complementary but provocative comments about her body and requests for sexual favours. There were enquiries as what underwear she was wearing and descriptors of the type of lingerie the sender liked women to wear.

"And were you able to ascertain where the texts, emails and messages came from?" Adele was smiling.

"They were all traced to devices owned by Oliver Randal and the emails were traced to his account," Steven Baker said smugly.

Weldon Jennings knew this testimony was coming and had instructed Oliver Randal not to show any emotion or to turn away from the jury, he had been directed to remain impassive which he did.

Adele had Steven Baker explain how he had ascertained this information but kept it brief; she didn't want to bore the jury with technical jargon. She handed her witness to the defence.

"While you were examining the texts and email that you have read out to the court, did you also examine Amanda Palmer's responses?" Weldon asked.

"Yes I did," Steven Baker was not going to embellish his answers.

The screen changed and a series responses to the texts appeared.

"Can you read the text messages displayed on the screen?" Weldon asked.

Steven Baker read out a few responses such as: 'that's naughty', 'you're very dirty', 'I am not doing that'; all very vanilla.

"Would you describe these responses as rather banal and innocuous?" Weldon asked.

"I found nothing explicit or encouraging from Commander Palmer if that's what you mean?" Steven Baker sounded self-satisfied.

"But did you find any responses from her telling the sender to stop sending the messages?" Weldon asked.

"No, but like I said there were no responses that I saw that encouraged the sender either," Steven Baker countered.

"But to clarify; there were no messages that implicitly told the sender to cease or desist?" Weldon wanted to make his point.

"None that I found," Steven Baker responded.

"Nothing further," Weldon Jennings turned his back on the witness dismissively.

*****

After lunch, Adele put the witness on the stand that the jury really wanted to hear from: Amanda Palmer. Adele and Sandra had spent hours with Amanda going over her testimony and grooming her. It was imperative that the jury believe her and become sympathetic to her. They had warned Amanda that the defence would be rough on her but she responded that eleven years military service had made her tough. Adele warned her not to appear too tough; she needed to appear to be vulnerable.

"Lieutenant Commander Palmer where were you stationed and what were your duties around the time assault took place?" Adele began.

"I was assigned to the China Lake Naval Air Weapons Station and seconded on TDY to the AIM-260 project Trials and Evaluation Team. Because of the distance involved I worked remotely at the Los Angeles offices of Dynamic Aerospace Solutions."

"I have a small condo close to the offices of DAS," Amanda explained.

"So you work in the offices of DAS. And how long have you known Oliver Randal?" Adele went on, drawing the story out.

"Ever since I was posted to China Lake; so about a year or so. We work closely together," Amanda answered.

"And what was your relationship with Oliver Randal?"

"At first it was just professional but I could tell he liked me. He told me so. Then Oliver started making inappropriate comments and sending me texts. At first I just played along until it became too personal and then I told him to stop which he did."

"What do you mean too personal?" Adele asked.

"He would single me out at meetings and social functions, he'd stand too close, he'd whisper lewd comments and touch me inappropriately. Then he started turning up at restaurants, bars, nightclubs, that sort of thing. He was sort of stalking me."

"He even sent me lingerie through the mail."

"But you never reported him to the company or to your naval superiors?" Adele knew the defence would ask this very question.

"Like I said; he stopped. He became cordial, civil, courteous, you know what I mean. He treated me with respect. That was until he attacked me of course."

"Lieutenant Commander Palmer can you tell the court why you were in the Oliver Randal's office on the day of the attack," Adele asked the question that jury desperately wanted to hear.

"I was there to review some expense reports and to get his signature on them," Amanda replied.

"And you were wearing your uniform; identical to the uniform you are wearing today in court?" Adele asked.

"Yes."

"The office blinds were closed and the door was locked. Why was that?"

"Mister Randal often kept the blinds drawn and asked me lock the door when I entered."

"Is that usual? For the door to be locked while you were in his office?"

"Not always, no. Only if he was working on something classified."

"And were you working on anything classified that day?"

"No. As I said, we were just reviewing expense reports."

"When you were in his office were you sitting and where was Mister Randal sitting?"

"His office is very big. There is a lounge area for informal conferences; I was sitting on the couch there. Mister Randal sat across from me on the other side of the office at his desk reading the expense reports."

"I know this is difficult but please take your time and tell the court about the attack," Adele stood near her client to offer her support.

"Mister Randal asked me to come over to his desk so he could show me an anomaly in one of the reports. When I leaned over to look at the report he put his hand under my skirt and began to touch me. I asked him to stop."

"He didn't, so I tried to pull his hand away but that made him angry. He called me a prick teaser and said that I needed a good fucking and he was the man to do it." Amanda remained impassive, although she was blushing and her eyes were watering.

"He got out of his chair and grabbed me. He pulled me into his arms and tried to kiss me but I struggled and fought him. During the struggle he pulled off my jacket, which I had already unbuttoned to sit. He ripped open my blouse and mauled my breasts with one hand while he squeezed my buttocks with the other. I was pinned against the desk and couldn't get away."

"Then he turned me around and pulled my skirt up, he pulled down my panties and tore my pantyhose. I was trying to kick him and he wailed on my buttocks until I stopped. I was nearly exhausted; the struggle had sapped my strength. He bent me over the desk and entered me. I used my remaining strength to resist but he dug his fingers into my hips and held me while he... he... he copulated with me."

"He did that to me for a while; I lost track of time. Then he pulled himself out of me and dragged me over to the couch and threw me down and then he opened my legs and lay on top of me. I fought him again but he forced my thighs open, it hurt so I stopped resisting. He entered me again and tried to kiss me; he licked my neck and sucked my breasts. I could tell he was nearly done so I used the last of my energy to try to get him out of me. I didn't want him to ejaculate inside me."

"He climaxed and I managed to get him out of me while he was doing so and most of his ejaculate spurted on my body and my skirt."

Adele let Amanda compose herself, she had been sobbing during her description of the assault and the court was deadly silent.

"Then what happened?" Adele's voice was almost a whisper.

"Mister Randal got off me. He went to the ensuite bathroom; to clean up I guess. I ran to the door and unlocked it and came out into the main office. I don't remember clearly, but I know that Janet Pennyworth took me to the break room and that Julie Westwood called the emergency services," Amanda composed herself and wiped her eyes with a handkerchief.

"I was in shock but the one thing I knew was that if word of the assault became public my career would be over. Women in the military who make complaints end up on the scrapheap."

Weldon Jennings contemplated objecting but it would only make the jury more sympathetic so he decided against it.

"He was the CEO of a huge corporation with a contract with the Navy worth millions if not billions of dollars. He knew Admirals and Generals, congressmen and senators and I was a lowly ranked naval officer. I knew that I had to get myself to a military establishment."

"That's part of our basic training. Always get back to base. You will be safe back on base."

"I didn't talk the police and I asked the EMTs to take me to the nearest military establishment that had healthcare facilities."

"You were taken to the Sixty-First Medical Squadron at the US Air Force base Los Angeles where you underwent a Sexual Assault Forensic Examination and elected to have the report classified Restricted. Why was that?" Adele asked.

"For all the reasons I just said. Plus I was ashamed. I didn't want my fellow officers to know what had happened to me. I've heard the male officers and sailors talk about women like me; they say we get what we deserve or that we're just suffering post coital regret. They slut-shame us and say we make allegations out of spite. I didn't want to be one of those women," Amanda was crying again.

"But later you came to me and asked me take your case and file it in civil court. Why?" Adele offered Amanda a fresh handkerchief.

"After a while I couldn't stand myself. I felt worthless. I knew that if I changed my mind and requested that the SAFE report be made Unrestricted and given to the authorities that I would be accused of making the complaint for spite. I wouldn't be a reliable witness. But I didn't want him to get away with it."

"The criminal justice system and the military justice system chew up complainants like me; women who come forward after the event. So I elected to take my case to the civil course to seek retribution," Amanda stopped crying and sat up defiantly in the chair.

"That you very much; you have been very brave," Adele relinquished her witness.

Weldon Jennings knew how he cross-examined Amanda Palmer was crucial to the defence. He had two aims: to prove the sex was consensual and convince the jury that Amanda Palmer was a gold-digger. He had to be careful not to attack her moral character, in the #metoo age that was judicial suicide. Any woman who alleged that she was sexually assaulted or harassed in a he-said, she-said situation with no other witnesses to the incident was invariable believed.

"Lieutenant Commander Palmer, first of all thank you for your service, how long have you served in the United Sates Navy?" Weldon asked cordially.

"Eleven years," Amanda had been instructed to answer any questions forthrightly, not to elaborate and not to become argumentative on the stand.

"So you made rank in minimum time, congratulations," Weldon smiled at the witness.

"Objection! Relevance?" Adele called out without even bothering to stand.

"I'm trying to put into context how Lieutenant Commander Palmer was selected for the very important position she occupied at the time of the alleged offence," Weldon countered.

"Overruled," Judge Chatsworth waved his hand dismissively.

Adele knew that if she kept objecting she would antagonise the jury. They wanted to hear the witness testify without interruptions and it also could appear that Adele was deliberately defending her witness from something she had to hide.

"I also notice that the stack of ribbons on your chest is not really that impressive for a person of your rank and time in service. Most officers of your rank and seniority strut around like Spanish Admirals with a huge stack of medals and devices pinned to their chests," Weldon got the jury to chuckle.

"Is there a question in there somewhere counsellor?" the judge asked.

"I'll move on. What I'm getting at is that you have only the most innocuous service ribbons with no combat or achievement awards, yet you made rank in minimal time. How did you achieve that?" Weldon asked.

Amanda Palmer blushed.

"I started out as a Line Officer but decided that the warfare speciality was not for me so I transferred to the Naval Supply Corps. Our assignments are limited so, as you pointed out, I don't have any combat or warlike service ribbons but my job is as essential as those who serve on the front line," Amanda replied.

"So your career has not just been a series of 'pogue' transfers from one cushy posting to another?" Weldon asked and metaphorically ducked for cover.

"Move along counsellor," the judge admonished him which saved Adele having to object to the question.

"What I'm getting at is this. You have insinuated to the court that you hold an important position on the AIM-260 project Trials and Evaluation Team. What exactly is your position on the Trials and Evaluation Team?" Weldon asked.

"I'm the comptroller," Amanda responded proudly.

"So in layman's terms you are an accountant, an administrator, a financial officer?" Weldon extrapolated.

"Are you mansplaining my job Mister Jennings? I have a vital role to play in the project!" Amanda burst out angrily.

Adele sighed and tried to make eye contact with her client and when she did she shook her head, indicting for Amanda to cool down.

"And what is your security clearance?" Weldon asked, unfazed by Amanda's outburst.

"Objection! My clients security clearance is classified information," Adele was on her feet again.

"On the contrary judge; the witnesses security clearance is in itself not classified, it's the information she has access to that is classified," Weldon countered.

Adele had inadvertently assisted Weldon, helping him make his point.

"The witness may answer," the judge replied.