Falsely Accused Ch. 05

"That is correct." I replied.

"And you gather their Police records, as well?" said Mike.

"Objection!" said Jenna. "Defense counsel is wasting our time with tangential issues."

"Overruled." said Folsom. "But Counselor, do get to your point in a timely manner."

"I am, Your Honor." said Mike. "Commander, did you find any Police record of Kendra Luskin?"

"One charge of prostitution." I said. Todd went to his table and picked up a document in a bound folder.

"Your Honor, I'd like to enter this into evidence..."

"So entered." said the Judge.

"Did you find any other Police reports involving Ms. Luskin?" asked Mike Todd.

"Yes." I said. "Several where she was the complainant in sexual harassment or rape cases."

A murmur went through the packed Courthouse. Mike G. Todd went to his desk. "Your Honor, I'd like to enter these reports into evidence---"

"Objection!" shouted Jenna. "Relevance! And the Defense did not properly notify the Prosecution of this information."

The judge called a ten minute recess for the Jury. He looked over the information, and I saw his eyes widen as he read it. Mike G. Todd then showed he'd sent the information in a proper and timely manner to the Prosecution on the last day of the Discovery phase.

"I'll allow it..." said the Judge.

* * * * * * * * * * * * * * * *

The Prosecution had worked to arrange things so that Kendra Luskin was the last witness of the day. That way, the sequestered Jury would have her testimony to consider overnight. Sometimes... things don't work out the way they're intended.

Jenna led Kendra through her story, and Kendra's words were exactly like what she'd said in her initial report and her later statement to the Police. A bit too exactly like her previous statements. Jenna also had the DNA evidence from the collected semen samples on Kendra's dress and panties entered; it was stipulated that it was Peter's DNA. A stipulation in Court is a something, usually a piece of factual evidence, that both Prosecution and Defense agree upon.

Once she was finished, Jenna turned smugly to the other table and said "Your witness."

"Ms. Luskin," said Mike G. Todd, going to the evidence table and picking up a bound document, "this is City Police case #2E26022, filed two years ago." Todd named the date. "Did you file this report?"

"I don't know." said Kendra Luskin in her husky voice.

"Please look at it to refresh your memory." said Mike. Kendra looked at the document, and from my seat behind the Defense table I could see her eyes fall just a bit.

"Did you file that report, Ms. Luskin?" asked Mike.

"Yes." said Kendra.

"Would you please read this paragraph?" asked Mike, pointing to a highlighted paragraph.

"Objection!" shouted Jenna Stiles.

"Overruled!" said Judge Folsom. "Ms. Luskin, read it as he asked you to."

Kendra began reading. The words sounded very familiar... indeed, they might as well have been her complaint to the TCPD about Peter Gordon."

Mike repeated the process with two other files from two other cases. "Ms. Luskin," he asked, "why are these reports, that were filed months apart, so similar in even their exact words?"

"Objection!" yelled an angry Jenna Stiles.

"I withdraw the question, Your Honor." said Mike G. Todd, his devastating point already well made. "No more questions, Your Honor."

"We'll adjourn until 9:00am tomorrow morning." said Folsom. He banged his gavel, the Prosecution, Defense, and the Accused stood as the Jury left the room, then he ended the day's session.

* * * * * * * * * * * * * * * *

"That was fantastic." said Teresa as we ate pizzas at the Mountain Nest for supper. "Mike lit a torch under that woman's a---" She stopped short, seeing that Carole and Jim were at the table. Todd grinned, which made Carole grin, though she didn't know why.

"er... fourth point of contact." Teresa finished, using a little Airborne lingo, there. I grinned, as did little Jim, though he likely didn't know why.

"Yes, it was good." I said. "The Prosecution will rest tomorrow by noon, unless they have a surprise witness they didn't inform the Defense about. And then Mike is going to hit them with Round Two."

* * * * * * * * * * * * * * * *

They were in the D.A.'s Conference Room in City Hall, where they usually met. Krasney, Jenna, Paulina Patterson, Franklin Washington, and Savannah Fineman were at the table, eating pizzas.

"What's next?" asked Krasney.

"In addition to the documents they didn't tell us about until literally the last hour," said Jenna, bitterness in her voice, "they're going to bring up witnesses... the people Luskin filed those previous complaints against."

"We've got to stop that from happening." said Fineman.

"How?" snarled Jenna.

"We'll ask for a continuance." said Krasney. "We'll object to the admission of the witnesses as well as the documents, citing relevance, and we'll ask for a continuance while we appeal the ruling."

"Folsom won't go for that." said Franklin Washington.

"Then we'll ask for him to recuse himself." said Krasney.

"And then we'll get Watts... who might just give the Defense a directed verdict of acquittal." said Jenna. "Paulina, you got any ideas?"

"Just one." said Paulina. "The only thing you can do is try to impeach these witnesses on the stand. Say they're disgruntled, bitter about being called out for their sexual harassment or rape charges..."

Part 21 - Beating of a Butterfly's Wings

"The Prosecution... rests." said Jenna Stiles at 10:30am Friday morning, September 8th.

"Defense counsel?" asked Judge Folsom.

"Your Honor, the Defense calls Donny Tate to the stand." said Mike G. Todd.

Donny Tate and the other Defense witnesses had been brought in by helicopter from 'The Vision' to the Courthouse. It is possible that Your Iron Crowbar was the pilot of that helicopter. Tate and the others were taken inside under very heavy TCPD guard. Now Tate was walking up the aisle to take the stand. Deuteronomy 32:35, I thought to myself.

Mike led Tate through his story, that Kendra had initiated sexual contact with him, then charged him with a sex crime. Todd again had the Police report read out loud. Then he turned it over to the Prosecution for the cross examination.

"Mr. Tate," said Jenna Stiles, "if you're innocent, why did you settle?"

"I didn't settle." said Tate, which explained Mike Todd's lack of objection to the question. "The company settled. I've maintained my innocence throughout."

"Mr. Tate," Jenna all but shouted, "isn't it true that you're testifying only because you're disgruntled that Ms. Luskin filed charges against you for raping her?"

"Objection!" shouted Mike G. Todd. "Leading the witness!"

"Your Honor, permission to treat this witness as hostile." replied Jenna, which if granted would allow her to lead the witness.

"No." said Judge Folsom. "That hasn't been established at all. Conform to the guidelines, Ms. Stiles. The objection is sustained."

"I withdraw the question, Your Honor." said Jenna. "No more questions."

Darren Stevens also testified. Mike led him through the story, including the part about the company using the charges as an excuse to fire him for his homosexuality. Neither Jenna nor D.A. Krasney, who was sitting next to her, knew what to do... trying to impeach his testimony as being from a disgruntled rapist was not going to work with Stevens.

* * * * * * * * * * * * * * * *

The Defense rested. Jenna took her last shot; she called Deputy Chief Della Harlow to the stand.

"And throughout the investigation, Commander Troy was investigating the victim exclusively, is that not right?" Jenna asked Della.

"Objection, calls for speculation!" Mike G. Todd quickly called out.

"Your Honor," said Jenna, "I'm establishing the state of mind of the Police Commander that he has been biased against the woman----"

"Objection!" shouted Mike.

"Sustained!" snarled the Judge. "Approach the Bench. Bailiff, escort the Jury out for a ten minute break."

At the bench, Folsom lit into Stiles. "Ms. Stiles, I am not going to let you lay grounds for a mistrial, here. You try a stunt like that again, and I'll make a direct verdict of acquittal as well as have you in jail for Contempt of Court."

"Your Honor," said Jenna, "I'm trying to establish Commander Troy's biased state of mind---"

"Not this way, you won't." said Folsom. "The objection on speculation is sustained."

"Your Honor," Jenna replied, "I ask for a continuance to appeal this before the trial continues, as well as an appeal of the submission of those other rapists' testimony----"

"That's defamation, Your Honor." said Mike G. Todd.

"I agree." said Folsom. "Your request for a continuance is summarily denied. Finish it up, Ms. Stiles..."

* * * * * * * * * * * * * * * *

2:30pm. The case was put in the hands of the Jury, who were escorted out for a late lunch and to begin deliberations. Mike G. Todd turned to me, sitting in the front row behind him. Sitting beside me was Captain Teresa Croyle, in her Duty Dress Uniform.

"Well, they might deliberate all weekend." said Mike. "It'd be great if they came back today... that would likely be an acquittal. The longer they go, the more I'm worried about a hung jury."

"You've done a fantastic job." I whispered. "It's in the Jury's hands now... and God's."

* * * * * * * * * * * * * * * *

An hour later, the Bailiff came over and asked me to come to the Judge's chambers. Teresa and I went with the Bailiff.

"Come in." said the Judge. "I just want to tell you that the Jury has reached a verdict. I don't know what it is, but I want to give you the chance to get anti-riot Officers ready, if you deem that necessary."

"Yes, let's err on the side of a strong presence." I said to Teresa.

"They're ready to go, Your Honor." Teresa said. "I put them on standby at noon. Captain Ross volunteered to be in charge of them for me while I'm here. Hewitt is in tactical command." I looked at the judge and just nodded.

"We'll read the verdict in open Court in one hour." said Judge Folsom.

* * * * * * * * * * * * * * * *

"This is Bettina Wurtzburg, KXTC Fox Two News!" shouted the redheaded reporterette from outside the Courthouse complex. "Fox Two News has learned that the TCPD is deploying their armored riot troops around the Courthouse! And sources are telling Fox Two News that the Jury may have already reached a verdict!..."

Indeed, they had. At 4:35pm they entered the packed but hushed Courtroom.

"Members of the Jury, have you reached a verdict?" asked Judge Folsom.

"We have, Your Honor." said the forewoman, handing the Bailiff the written document. The Bailiff handed the papers to the Judge, who read them, then had the Bailiff pass the papers to the Court Reporter.

It is tradition that the Defendant and his attorneys stand to hear the verdict. In some places both the Prosecution and Defense stand. This day was a little bit different. As Peter Dwayne Gordon and Mike G. Todd rose to their feet, I also stood up behind them.

The Jury knew that Peter Dwayne Gordon's life was in their hands. What they did not know was that my life was also in their hands; their decision would chart the course of my future. A guilty verdict, and my life as Police Officer would end; I would not care to carry on the charade of being an Agent of the Law standing for Justice.

And like the beating of a butterfly's wings changing the currents of the winds of the world, the ripple effects for the Town & County Police, and therefore the County itself, would be enormous. Ergo, I stood with the Defense to hear my future, and my Police Force's future, being read.

Seeing me stand, Teresa also stood. And seeing us stand, the Prosecution stood, as did Della Harlow, Gwen Munson, and Kelly Carnes, who were sitting on the front row behind the Prosecution's table.

We listened as the Court Reporter began reading:

"We the Jury find the Defendant in Count One of the indictment..."

To be continued.