Betrayal (13 page)
Authors: Fern Michaels
“What type of plea?” Kate asked, then looked to Alex to see if he knew what James was referring to.
“In a case of this magnitude, with six counts the DA usually gets a conviction.”
“A conviction! Alex is innocent! I thought you believed us!” Kate yelled. Her nerves were beyond on edge, smashed to smithereens.
“I said âusually,' Kate. It's my duty as Alex's attorney to tell him when a plea is being offered. I won't tell you what to do, though I almost always insist my clients accept a plea in a case of this kind. But I think Alex's chances of being found innocent are extremely high. That's why I am not going to suggest you even consider the plea,” James said.
“Okay, so what's the next step after we tell them we won't accept their plea?” Alex asked.
James took a deep breath. “Then we go to trial and hope for the best.”
“You just said you felt Alex's chances of being found innocent were good. So what do you mean, âHope for the best'?” Kate questioned.
“Just what I said. There are no absolute guarantees that a jury will find Alex innocent, just the same as there are no guarantees they'll convict him. We have to be realistic.”
Kate realized James wasn't as confident as he'd been when he first took their case. She didn't like this and told him so.
“I'm doing the best I can for both of you. Alex, if you want another attorney, now would be the time to speak up.”
Alex shook his head. “No, of course not. I'll just go to trial. I'm innocent, and the truth will come out. I have always lived by that motto, and I'm not going to stop now!”
Kate wasn't so sure. Oh, she believed in the criminal justice system, but she was afraid of a jury. She knew just how convincing Sara could be. She'd conned her and Alex all these years, and they'd been as close to her as her parents. She could only imagine what act she'd play for a jury. Still, Alex needed to know she was with him. She'd show her support by believing that the truth would emerge triumphant.
“Alex is right. He's innocent. Anyone with the slightest bit of intelligence will see this. Besides, when it's Alex's time to take the stand, the jury won't have any trouble believing him.”
James fumbled with his goatee. “We haven't discussed this yet, but might as well. I don't want Alex taking the stand. It's too risky, and Lyle is much tougher than he looks. Trust me.”
“And?” Kate asked.
“Let's just say I don't feel comfortable putting Alex on the stand and leave it at that, okay?”
Kate got up from her chair and dumped her tea in the sink. “What about it, Alex? Don't you want a chance to tell your side of the story?”
He raked a hand through his hair. “I don't have anything to tell, Kate. You know that. I'm going to do as James suggests.”
Kate felt like she'd been rammed by a Mack truck. Alex wasn't willing to take the stand, put up a defense? She would. “Then put me on the stand. I'll tell them about Sara, what a conniving little brat she is. I'll tell them what she did in my studio.”
“And we might do that. For now, I need both of you to understand that no matter what, I'm on your side.”
Alex came and stood next to Kate. “So, how soon can we get this over with?”
“You're in luck. The docket for two weeks from today is clear. The DA has cleared his schedule, so we can get started on your defense right away.”
This surprised Kate. “I thought a trial date would take forever. Why so sudden?”
“For starters, this is Naples. There isn't a lot of serious crime. Mostly civil suits, family matters, that type of thing. The judge is ready, the DA is clear, there isn't a lot of investigating that needs to be done, and what there is, we can certainly have it completed long before our two-week starting date.”
“Let's just get this over with as quickly as possible. I need to get back to the kennels. Gertie'll be needing a break soon enough,” Alex said.
“I'm ready, too. I want our life back, I want to put this nightmare behind us and never think about it again.”
“And so we will,” James acquiesced. “Let's get started.”
Chapter 15
T
he courtroom was the same one used for the arraignment hearing, only this time it was packed. Newspaper reporters and television reporters from all across southwest Florida were positioned in a section closed off just for the media. Court TV had been given permission by Judge Stowers to broadcast live coverage of the trial. James explained to them that the Polly Klaas case had been instrumental in bringing these types of cases to national prominence. Kate was mortified, to say the least.
he courtroom was the same one used for the arraignment hearing, only this time it was packed. Newspaper reporters and television reporters from all across southwest Florida were positioned in a section closed off just for the media. Court TV had been given permission by Judge Stowers to broadcast live coverage of the trial. James explained to them that the Polly Klaas case had been instrumental in bringing these types of cases to national prominence. Kate was mortified, to say the least.
Seated directly behind Alex and James, Kate didn't dare turn around to view the people gathered in the courtroom. Somewhere, Debbie and Don were seated. She hadn't spotted them when she entered the courtroom. She was afraid of what she'd do if she saw them. This had all happened so fast. James was true to his word and had done a thorough investigation of the case. Alex had been examined by a psychiatrist. James had interviewed Sara and was more convinced than ever of Alex's innocence. “The child has major issues,” he'd told them, but refused to say anything more. Jury selection had been a breeze, according to James. There were no pretrial motions to contend with, so here they were, ready to begin to let the truth emerge from the wreckage of Alex's reputation and, perhaps, allow him and Kate to recover their lives.
Whispers, paper crackling, and the humming of the remote camera were the only sounds to be heard as the bailiff entered the courtroom. “All rise.”
Judge Stowers entered through a door behind the bench and sat down. She shuffled through a stack of papers, then adjusted her half-moon reading glasses. After pounding her gavel twice, she announced, “You may be seated. This court is now in session.”
Kate thought the gavel a bit extreme but figured it was for the benefit of the cameras.
“Is the state ready to proceed?” Stowers asked Wykowski.
“We are, Your Honor.”
“Then you may begin your opening statement,” Judge Stowers instructed.
Lyle Wykowski wore his best suit. A navy, single-breasted with a crisp white shirt, and a narrow red, white, and blue striped tie. His Coke bottle glasses were the same, but his oily hair appeared as though he'd recently been to a stylist. Gone was the clumsy fumbler from the arraignment.
“I'll be quick, Your Honor.”
Kate breathed a sigh of relief. Though Wykowski had cleaned up appearance-wise, she was relieved to see he was as unprofessional as before.
“Be whatever you want, Counselor, just be thorough,” the judge admonished.
With a yellow legal pad in hand, Lyle stood up and turned to the jurors, seated to the right of the prosecution table.
“First of all, let me thank you all for performing your civic duty. This is a hardship for some of you. The state acknowledges this and appreciates your dedication. Now I'm going to tell you all a story. It's almost a fairy tale, but sadly, in this fairy tale it will turn into every parent and child's worst nightmare, because you see, there are no happy endings.” Lyle paused. He had the jury's undivided attention.
“Once upon a time there was a little girl. She was around five or six years old at the time when the bad things began. She lived with her mother and father and big sister. This little girl was a happy-go-lucky child. She loved Barbie dolls, animals, and roller skating. All the normal things little girls her age love to do. She liked helping her mother bake cookies, she loved hearing her father tell her bedtime stories, but most of all, this little innocent girl loved the visits from her aunt and uncle. Sometimes she would visit them, other times they would travel to Florida to visit her and her family. It didn't matter to this little girl where she saw the couple. Next to her parents, they were her favorite people in the, and I quote, âwhole wide world.'
“Year after year this little girl looked forward to visits from her extended family. As she and her big sister grew older, her parents allowed the two to spend Christmas vacations, Easter break, and a few weeks every summer with their favorite aunt and uncle.”
Kate wished he would get to the damned point. She was already sick of “little girl this” and “little girl that.”
The ADA continued with his opening statement. “It was on these many happy occasions that this little girl experienced the most vile, sickening act a child could ever imagine. Her trusted uncle, a man well thought of in his community, a breeder of dogs, a husband to his wife, and best friend to the little girl's father, molested her!”
“Objection!” James piped up.
“What are you objecting to, Mr. Conroy?” Judge Stowers asked.
“I'm objecting to the fact that Mr. Wykowski says my client molested the child.”
“That's what this trial is about. Objection overruled. Please continue, Mr. Wykowski.”
“Every time Mr. Rocket came to Florida, he sexually abused this innocent, precious little girl. The state intends to prove beyond a reasonable doubt that Mr. Rocket is guilty of all six counts of sexual battery against a minor. That's all, Your Honor.”
The judge looked at both attorneys. “Mr. Wykowski, you may call your first witness.”
“The state would like to call Dr. Maureen Sheffield.”
After the doctor was sworn in, her credentials qualifying her as an expert in her field verified and satisfied by the court, the ADA began his questioning.
“Dr. Sheffield, when did the child in this case first visit your office?” the ADA asked. Because the child was still a minor and the cameras were in the courtroom, Judge Stowers had asked they refer to her as “the child” in order to protect her identity. When it came time to view the video of her testimony, the media would be asked to leave and the cameras would be turned off.
The doctor looked through a binder she brought to the witness stand. “It was ten days ago.”
“And how many times did you see this child in your office?”
“I saw her six times in my office and twice in her home,” Dr. Sheffield stated.
“And why did you visit the child in her home?”
“It's not unusual for children who have been sexually abused toâ”
“Objection!” James shouted. “The court has not proved there was sexual abuse of any kind!”
“Overruled again, Mr. Conroy. That's what we're here to find out,” the judge explained for the second time.
“You may continue, Dr. Sheffield,” Judge Stowers advised.
“As I was saying, it's not unusual for children who've suffered sexual abuse to display different behavior patterns in the home.”
“And did you find the child to act any differently at home than during the visits to your office?”
The doctor looked out into the courtroom, searching for a set of eyes. Kate turned to follow the doctor's stare. Debbie Winter sat three rows behind the prosecution table.
“Dr. Sheffield?” Wykowski prompted.
“I found the behavior of the child to be exactly the same as she displayed during our visits.”
Muffled whispers could be heard throughout the room.
“Order!” Judge Stowers said, then banged her gavel for dramatic effect.
Once again, silence reigned in the courtroom.
“Was this unusual?” Wykowski questioned.
“Not at all.”
“Can you explain to the court the types of behaviors most common and uncommon in child victims of sexual abuse?”
“First and foremost, their sense of security is damaged. They may be clingy, whereas before they may have felt entirely comfortable on their own. They may no longer trust those in authority. Some children act violently. Others, depending on their age, may become sexually promiscuous. It varies from case to case. These are only a few of the changes one might expect to see.”
“Of the behavioral changes you mentioned, did you have the opportunity to view any of these behaviors during your examination of the child in question?”
“Yes.”
“And which would that be?”
Dr. Sheffield smiled before answering. “The child was quite angry.”
“Was she violent in any way?”
“Never, just angry. She doesn't know how to release the anger she feels at her abuser; therefore, she exhibits anger at simple, everyday things.”
“Could you explain this to the court?” Wykowski asked.
“When I would ask a simple question, such as,
âWhat is your favorite television program,' she would shout, telling me she hated everything on television. She said the only thing she liked to do was eat.”
“And you found that what, Dr. Sheffield?”
“Typical of her situation. The child is devastated, finding her only comfort in food. Her weight is extremely high for a child her age and height.”
“I have no further questions for this witness, Your Honor.”
“Mr. Conroy, do you wish to cross-examine the state's witness?”
James stood, then walked to the front of the courtroom. After scanning the audience, he walked very slowly to the jury box.
“Yes, I would very much like to question the state's witness.”
“Proceed,” Judge Stowers ordered.
“First I, too, would like to thank the fine people of Collier County for giving us their time and their attention. It's not going to be easy hearing some of the things you're going to hear.”
“Mr. Conroy, you waived your right to make an opening statement, I'll ask that you question the witness and save your comments for closing statements. If you choose to make one.”
“Yes, Your Honor. Allow me to apologize for wasting the court's time.” He walked to the witness stand and leaned against the wooden rail.
“Dr. Sheffield, did the child ever come right out and say exactly what it was that my client did to her? Did she give any details at all?”
The doctor looked toward the prosecution table. “Some, yes, but minute detail, no, she was not able to.”
“Was the child able to remember any specific times or dates that my client did these things she was unable to describe to you?”
Dr. Sheffield took the pitcher of water provided by the court, poured a small amount into a paper cup, and took several gulps before answering. “No. The child is too young to be able to recall specific dates, times.” The doctor realized her mistake the second it came out of her mouth.
“Then the child can't possibly be a reliable witness to any of the acts she's accused Mr. Rocket of, if she can't remember dates and times, can she?”
“That's not what I meant . . . She's too young to recall anything specific . . . She doesn't know . . .”
“The defense has no further questions, Your Honor.” James left Dr. Sheffield seated in the witness stand for round two.
“Redirect, Your Honor,” Wykowski said, for the benefit of the court reporter.
“Proceed.”
“Dr. Sheffield, the events the child said took place, when she told them to you in the safe confines of your office, no matter how little the detail, did you question her accuracy? Did you believe her to be telling the truth?”
Dr. Sheffield arched her shoulders back, raised her chin a notch. “I am one hundred percent sure the child is telling the truth. The abuse was too exact for the child not to have experienced.”
“Even though she was unable to give you dates and times?”
“Yes.”
“I have no further questions of this witness.”
Again, the bang of the gavel. “Court will take a ten-minute recess.”
Several members of the media scurried out of the courtroom, probably hoping to be the first to report to their respective networks.
James whispered something to Alex, and he laughed.
“What's so funny?” Kate asked as she leaned over the banister.
“James seems to think Dr. Sheffield is a fruitcake.”
“I agree. Her answers were so vague, how could the jury even think anything happened to Sara if a professional was unable to provide details? This looks good, doesn't it, James?”
“It's not bad, but remember, the jurors are the ones who will view the video. I can promise you it does go into some detail.”
“What did she say? You can't let us observe it the same time as the jury! Who knows what reaction we'll have?” Kate asked James.
“That's the exact reason I do want you to view the tape when the jury does. I want them to see you both with fresh eyes and ears. I want the jury to see the look of shock on Alex's face, and yours as well.”
Kate smiled. “I get it. I guess that makes sense, but I can tell you, I am not looking forward to hearing what this sick little girl has to say about my husband.”
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