SWIB 03: The Truth

He loved to make me do things almost in public. The fear of getting caught made me all the crazier. I was a lamb to the slaughter.

One day he wanted to take me in my office, but I had meetings all afternoon. Sue was waiting just outside. He told me we'd go to the Pines Motel the next day at one. He wouldn't pay for a room for a whore like me, I could rent the room. I just nodded.

Sue came in and didn't say anything. I was afraid she'd heard at least a part of it, but maybe she didn't.

The next day I snuck off. I went into the motel office and noticed that their camera was jammed, or something. It moved erratically and just looked at units 8-12. I asked the manager for number five. I paid cash. Hopefully, all my humiliation would be after we got inside the room.

I drove around and parked in front of number 5 and quickly Ray parked in front of number six.

Then, out of nowhere, there was Dave. I never felt like that, ever.

They said some words back and forth and Ray cold-cocked Dave. My obsession just got my husband seriously hurt. I should have done something but just retreated further in denial. Ray went on just a few more seconds, but it was a horrendous beating. I was so ashamed, I just stood there.

Ray went and blacked his eye, got my phone, called 911, and told me to report the fight. When I hung up, he told me if I ever wanted to fuck him again, I'd say Dave hit him first. Like always, I just nodded my head.

When the ambulance came, I shook off my lethargy. The police wanted to interview me, and I forcefully told them I'd be at the hospital with my husband.

The police were interviewing Ray and I last saw him as I got in the ambulance with Dave. He was completely nonresponsive. I was sick.

I don't know why I did nothing. I saw what was going on and knew my life was over. I just let it happen. I hoped I could do something to save my marriage, I loved Dave so much.

Dave was staying with his parents after leaving the hospital. He was way beyond upset with me. He eventually came home but stayed in the guest room. He let me sneak in and love him a couple of times.

We stayed away from the topic of Ray. Just before the trial, he did talk to me, and told me to tell the truth. It felt funny when he told me, he was warning me, and I knew it. For some reason, the prosecutor called me first.

The prosecutor asked me a couple of questions before he got to the big one. What did I see? I said my husband hit Ray and he retaliated. Ray had his self-assured look and then I looked over toward Dave. He was staring straight ahead without sound or display, other than the tears which streaked both cheeks.

Oddest was the prosecutor's last question. He asked what if the motel had surveillance cameras? I saw that as an opportunity, since I knew they didn't work. So, I asked, with a voice filled with hope, "Do they?"

He merely said, "No further questions." smiled and confidently sat down.

Ray's attorney said he wanted to hold my cross examination until the defense presented its case. The judge approved his request.

I waited for Dave. I wanted to tell him why I had done what I had done. He wouldn't talk. Instead, he moved out.

I know Dave was the next witness and testified he had been sucker-punched. I didn't see the next days of the trial, but they were a disaster. I got a call from Greg Atherton. He told me I needed a strategy.

+++++++++++++++++

I was able to attend the last day of Ray's trial. The defense attorney stood immediately and addressed the judge.

"Your honor, the defense and prosecution have agreed on terms for an agreement." Williams, the defense attorney stood to announce the settlement.

"Tell me more."

"The defendant will change his plea to guilty of one count of simple assault. He agrees to a sentence of 5 to 7 years."

"Is this acceptable to the prosecution?"

"It is your honor."

"Then, it is so ordered."

I was despondent. It went unsaid, but the deal included Ray testifying against me for setting the whole thing up. Fortunately, Greg and I were already working.

I sat with Dave one last time before my legal ordeal began. I swallowed my remorse and told him what I needed. We had nearly $50,000 saved for a house, I needed it all for legal fees. Without hesitation, he told me it was mine. With his magnificent act, I could not allow myself to cry.

"They're fucking me over and I'll have to say more than I ever wanted to in order to get myself out of this mess."

"You lied and told me you didn't see anything. Then, you knew you couldn't sell that lie. Rather than say, why don't I tell the truth and use that to try to get back in my husband's good graces? No, you tell a lie designed to justify my beating! Isn't that enough?"

"No, Dave, I'm so sorry, but there is more. Ray is such a bad-boy, he was like catnip to me. I hate to admit it but, he and I went to the Holiday Inn one time. He was rough with me and I, gawd help me, I loved it. I agreed to a second meeting. He set me up to pay for it and when you showed up and he hurt you so, he told me right then and there that if I didn't say you started a fight, to keep him out of jail, he'd make sure you knew it wasn't our first time.

"I was scared. I knew I'd lose you if I was going in that place for our second time. I had to lie and hope I could get you back."

"Well, if you'll remember, I begged you to tell the truth, or you'd be right where you are. You used to enjoy being the bad girl with me, I was sorry you stopped, I guess now, you are too. You know now, there is no way back."

"I am sorry about so much. I'll miss you more than you know."

The hardest part was next. He stood and wished me luck, like you'd wish some stranger. He took my shoulders, kissed my cheek, and without smile or comment, turned and left. It was our end, and oh, so cold.

+++++++++++++++++

Once that second video was released, I was toast. It was obvious that Ray would now change the story he was going to tell. Me and my submissive stupidity were out there, all alone. Also, from the way he'd treated me, it was obvious I was going to be the fall-guy (or is it fall girl?).

Greg wanted me to meet him at his house. It was private and I'd not be seen. When I walked in, he was collared, kneeling, and naked.

Somehow, it seemed difficult to see him as a major player in finding a strategy. I asked him to get dressed. Asking him, let him know play time was sometime other than now.

He may be a wimp, but he is brilliant. He said it seemed likely they would say I was the mastermind behind this whole thing.

"Me?" I shrieked, "How could I be at fault?"

"Well, you're having an affair, hot and heavy. You do things for him, and he does things to you. You decide it's time for a switch. You tell him to meet you at a sleezy motel, you'll get the room. You let Dave find out you'll be there. You tell lover-boy, Dave is a violent man and will hurt him."

"None of that is true!"

"Molly, he got you up there to lie for him. The prosecutor had you figured out, he put you up first so that when you lied, he could get you, too. He is laying for you and Ray has motive to feed him a story."

"I am going to prison, forever." I started sobbing, uncontrollably.

"Not necessarily. Ray's motive is not in stone. But that's not important. Here is what I want you to do. You think of your true story. You practice it, then you come to me, and I'll work to see it is airtight. We don't have much time."

"OK."

"One more thing. My view of your testimony was you seemed too anxious to find if there was a video of you outside the room. Why? It was like you knew something?"

"You saw me testify? I didn't see you."

"One doesn't need to be there to see."

I explained I'd seen the broken equipment.

"Come up with another story. Ray told you! That is critical. Now, get to work. Monday, all hell is going to break loose."

A new story, swell. If I change my story the prosecutor will come after me with a vengeance. Greg must be right; he is going to make me the perpetrator. I must make myself the victim. Why would I be a victim? I got caught up in an affair with a man who found my need to be dominated. That! will never work. That is a way to confirm his story. The truth just won't work, not anything even close. I need to think on this. Greg says there is no time.

I got home and went to sleep. It was early, and I slept the shallow sleep of the troubled. But I woke up about midnight with an epiphany. Blackmail! Blackmail might work. He forced me to lie under duress and when an unknown video turned up, he made up his story. Greg was right! He had to know about the video. The bastard made me check-in. How could he know?

Maybe it wasn't Ray. A new thought emerged. I had walked by his attorney, quite by accident before I testified. We were in a hotel lobby. I asked him if I could speak to him, and he stopped for a second and said it was totally inappropriate for him to talk with a witness in the case. He walked away. I looked back because I really wanted to ask him, but then I thought what part of totally inappropriate left me room to talk. I walked away. Maybe that could be useful.

I talked to Greg, and he liked my whole story. We worked on it, and he got aggressive with me. Barking — don't smile! Can you get your voice to tremble a little? Be uncertain. Lose the attitude. I'd have hugged him, but we'd have gotten into our roles, and I needed the man, not the mouse.

Monday morning came, and I knew I was on borrowed time. I went to work and before lunch time the police showed up and arrested me. They cuffed me and led me out like some hardened criminal. I never felt so alone. As we walked by Greg he said, "This is a place of business. I don't care what you say she did, my employees deserve better treatment on company property."

A couple of months later my trial started. I was accused of attempted murder, conspiracy to commit serious harm, accessary to assault and battery, and a few other things that just whizzed by me. Oh, and almost laughably, perjury. The prosecutor talked of me as a despicable, low-life, adulteress, whose flagrant disregard for my marital vows had led me to willfully cause serious harm to my faithful, churchgoing, loving husband.

I was numb after that. My attorney said some nice words about me, and the case began.

The prosecutor called the clerk who'd checked me into the motel. He called the man who'd taped Ray beating Dave while I just stood there. They showed the short tape from the motel of Ray stomping on Dave's leg. The prosecutor did this without much emotion, just getting facts introduced, and said nothing about what that meant.

My attorney stood after each person testified and simply said, no questions. The pile grew and grew, and I feared all was lost.

+++++++++++++++++

I am here because of Harrison's trial. The DA told me not to lie. Then Dave told me Garland told him not to caution me not to lie. He told me this while he was cautioning me not to lie. All that pressure made it obvious what I had to do.

Lie.

Since I knew there was no video corroboration from my observation checking into the motel, the way to hurt the least number of people the least amount was lie. Well, maybe Ray fucking me stupid had something to do with the logic, I'm not sure.

Then there is the fact perjury isn't pursued generally. People lie on the stand, but their lies are not significant in the outcome of the case. A witness says he saw the defendant across town at the time of the crime. He could not be guilty. The witness is a close friend of the accused. The accused is convicted, and it is clear the witness was lying. Why bother? The conviction is in place. A jury is unlikely to say it was a lie, maybe it was a mistake. Let it go.

But this DA has some sort of god complex and takes lying to him as an affront to the heavens. So, I said my husband started a fight when in fact, he got sucker punched. There was no permanent injury and Ray would be free to go if my testimony had held. So simple.

That led to this trial and the introduction to the jury, "She stood and let her man be beaten, nearly to death, and lied about it. She was guilty of lying. She was an accessory to the beating. She likely wanted the beating. The state will prove all these elements of the indictment."

My attorney told me Garland was reaching too far. He had me on perjury but wanted me as the cause for the beating. Garland was convinced he could ride a conviction into a larger elected office, perhaps one day, governor. His ambition would make him formidable, and it also made him vulnerable. There was a chance, in my defense, to take advantage of his over-reach.

Ray Harrison testified that he was having a wild sexual encounter with me for many months. He was not too specific as to how many. They showed surveillance video of us at the Holiday Inn. Harrison also said we'd met many times at Good Riders' Truck Stop. The truck stop didn't keep their surveillance videos more than a week unless there was some incident. But the clerk recognized Harrison. The clerk said he'd always registered as Scott Abbott. Abbotts's name dotted the registry for a period of months.

Harrison also testified that I had been right there. I had seen everything. I testified that Dave hit him first. Harrison testified that often during our sessions I would tell him he was my man. I would tell him he was better than my Dave. I would tell him I cared for him, not Dave. I wanted him, but Dave was in the way. It was damning, it also never reached him saying I asked him to do anything.

My attorney was very good on cross examination. He asked Ray if he had affairs with other women. Ray hemmed and hawed, and Garland objected that Harrison was not on trial, and it was irrelevant. The judge sustained the objection and my attorney looked like he'd been stabbed in the heart. His dramatics got him admonished and he apologized but looked at the jury as though the judge's ruling was unfair.

My attorney came and talked to me. He really didn't say much, then asked me to nod. I did. We had talked about Scott Abbott, and my attorney knew about the length of time the affair with Harrison had gone on.

After talking to me, my attorney got the register for the truck stop. He picked a date six months before Harrison, and I were involved. "Take look at this signature and date. Is it your testimony you and my client were involved in illicit sex on that date?"

Harrison fidgeted around. "It doesn't look like my handwriting."

"Oh! I see! Did someone sign in for you?"

"I've been told that other people use that signature for the same reason I do."

"Objection! Your honor, hearsay."

The judge didn't raise an eyebrow, "He is your witness, Mr. Garland. Objection overruled." Later, on redirect, Garland did get Harrison to say several of the signatures were his and did represent assignations with me.

On recross, Harrison admitted he did not know how many; it was a few.

My attorney also questioned Harrison about my loving him more than my Dave. He asked when I said these things. Ray hemmed and hawed and said, "lots of times".

My attorney asked what was going on when I said it. Ray didn't understand. Was it during a dinner together? Ray said we never went to no dinners. Was it while you were out at a bar or dancing? No, we never did any of that, either. What did you do? We went to a room and got it on. So, was it while you were getting it on? Ray admitted that was when it was. Any other times? No, that would be when I'd said it.

Ray was asked if I just volunteered it or did, he encourage me? He hung his head and said he teased me. He got me really excited. Then, he'd make me say those things. He offered I loved it. He said I was kinky.

Then there was a series of questions about whether I wanted to be discovered. Ray said I was paranoid about losing Dave and took every precaution. He was asked if I ever wanted Dave harmed and said no. My attorney sat down.

Garland was angry on re-direct. He reminded Ray that he'd testified under oath that I said I wanted him and not Dave. He'd testified I'd said Dave was in the way. Harrison said, yes, I'd said all those things. Garland smiled and sat down.

My attorney was back up and asked when I'd said those things. Ray testified, like he'd said while he was peppering me with questions while we were getting it on. My attorney asked if Ray felt like he could get me to say anything during our sessions. He smiled and smugly said, sure. Ray was excused.

The rest of Garland's case was transcripts showing what I had said, under oath. The video from the cell phone that showed I lied. The video from the Holiday Inn. The registry from the Good Riders' Truck Stop showing many Scott Abbott entries. It was a simple, straight-forward presentation of clear facts. Garland rested his case.

In his opening statement my attorney was brilliant. He said he was totally confused. The prosecutor had taken a mistake and was trying to ruin a woman's life. Yes, she had committed adultery and she was paying for it. But this?

The first defense witness was Judy Staples. Judy testified that she and Ray had been lovers. Their most frequent stop was Good Riders'. She knew Ray registered as Scott Abbott. She always waited in the parking lot and was never seen by employees of the motel.

She hoped she wouldn't get caught. But she did and was now divorced. She knew Ray took lots of women to the motel. That testimony drew a hearsay objection which was sustained. But the jury had heard it.

On cross examination Garland ripped into her. Did she know if Molly Smith was one of the other women? She didn't. Did she know that Ray had many lovers at the same time? She didn't. Did she know Ray registered as Scott Abbott? She didn't. He was pleased with the result.

My attorney asked one question in redirect. Did she have an ongoing relationship with Ray Harrison which involved their meeting in a motel room at the truck stop over the period in question. She said she did.

Next, two different clerks from the motel were called. Each testified that indeed a large well-built man, they identified Ray's photo, had checked into the motel as Scott Abbott. Each was asked if any other person checked in using that name. Both laughed at the question.

One even offered Scott Abbott was sometimes a woman. No one cared as long as the $500 deposit was paid. Neither could testify which scrawls of Scott Abbott's signature might be from any of the myriad of people who used the name.

Finally, I took the stand in my own defense. I said this was all the work of Harrison and his attorney. Harrison told me if I didn't lie in my testimony, he'd reveal our assignation at the Holiday Inn, and I would lose my husband. I had to chance it.

I testified that one morning I returned to my desk at work and there was a note to contact, and attorney named Williams at the Marriot in town. I walked in at the designated time and place and the man told me, there is a video, it shows nothing, don't worry about it. He kept walking without acknowledging me further. I didn't know exactly what he meant, but the next day, when I testified the prosecutor asked me, what if there was a video? Suddenly I knew I could handle it without fear.

I was hopelessly trapped in a bad situation and the only way I could save my marriage was to say Dave started the fight. Then, when it was all over, tell Dave they were threatening to get him if I didn't testify to get Ray off. I was about to have an affair and Dave saved me. I hoped the fact he didn't know of the time we did meet at the Holiday Inn and his love for me would save my marriage. I broke down and cried.

After I recovered, I testified that when the second video showed up Harrison's savage beating was there for all to see. He and this disreputable attorney concocted a conspiracy attempt to lessen his sentence. A deal was cut, throwing me to the wolves.