“I guess so.”
“In fact, Mr. Lane set up the audition for your latest play, didn’t he?”
“That’s right.”
“So after the alleged incident occurred, your instinct was to call an acting coach that you hadn’t called in over a year. Why do you think that is?”
“He’s a friend. I was attacked and I’m allowed to call my friends. He was the person I thought I could talk to. I didn’t know what else to do.”
“What did you talk about to your acting coach?”
“I don’t remember our exact conversation.”
“So when did you call the police?”
“After I talked to Thomas.”
“Directly after?”
“No.”
“How long after did you call the police?”
“Two days.”
Hunter shook his head and looked to the jury. The eldest man on the jury shook his head as well. Hunter had researched the drama teacher, and asked him to testify, however Thomas Lane stated he couldn’t remember their conversation. Hunter was sure Lane was lying, but without a transcript or recording of the phone call, there was little Hunter could prove.
“Miss Jennings, do you know a man named Joe Fielding?” Hunter stepped around the lectern and rested one elbow on it.
Jennings’ eyes shot to the prosecution table. Rollins looked back at the witness, confused.
“The name doesn’t ring a bell,” she responded.
“Doesn’t it?” Hunter walked back to the defense table and removed a photo of Fielding from one of the files. “Have you ever seen this man?”
“He looks familiar.” She rubbed her cheek. Her breathing rate had increased. Her skin started to appear clammy. “Maybe I’ve met him before.”
“Do you know where you met Mr. Fielding?”
“No, I don’t remember that.”
Hunter nodded. The prosecution team whispered to each other, unsure of where Hunter was going with the line of questioning. Hunter held his gaze on Miss Jennings for a long moment, before closing the file in front of him.
“Thank you for your time, Miss Jennings. No further questions.”
Chapter 21
At five-past-eleven on day two, psychologist Dr. Mary Wellings walked to the stand full of confidence. She swore her oath without emotion, and sat in the witness box without even the slightest of smiles. Her hands were folded. Her black hair tied back without flair. Her jewelry was nice, but not expensive. To this audience, she presented herself as a woman without feelings. She was an expert, an unaffected observer of the facts. Despite her lack of flair, she had an undeniable presence. Her natural arrogance translated to confidence in front of the jury.
Prosecutor Rollins began by confirming Dr. Wellings’ credentials, which only added to the weight of her expertise. Her qualifications were impressive. She was a Harvard Graduate. Well-published. Presented speeches all over the world. She’d testified hundreds of times in sexual assault cases. The statement of her credentials was essential to establishing her ability to discuss the case as an expert witness. Unlike an eyewitness, who is limited to only discussing what they saw or did, Wellings was charged with assessing the available forensic psychological evidence and rendering an opinion for the court. After a lengthy introduction, Rollins began her questioning.
“Is this the assessment you made about Miss Jennings here?” Rollins held a five-page document in the air.
“It is. I interviewed Miss Jennings about the impact that the sexual assault had on her, and compiled the findings into the report. The report you have in your hand is the result of many hours of interviews and many hours of assessments. We recorded the interviews, and I was able to watch those interviews after the initial consultation.”
“How many times did you interview Miss Jennings?”
“Five times.”
“How long were those interviews?”
“The longest was over two hours, but each time we talked for at least an hour. In all, we talked for more than seven hours.”
“And can you please read the court the opening paragraph of the victim impact statement?”
“‘Miss Katherine Jennings has displayed significant mental harm from the sexual assault that occurred in the Mackie Gold Coast medical clinic on November 5th. Miss Jennings went to a person of trust and authority, and had that trust broken. She has displayed textbook trauma behaviors after the event.’”
“And what are some of those textbook behaviors?”
“Fear is the most common behavior. Victims who have been assaulted typically avoid anything that reminds them of the assault. In this instance, Miss Jennings displayed a lot of fear in her behavior after the assault. She avoided all medical practitioners, even female ones, and has avoided men around Dr. Mackie’s age.”
“Has Miss Jennings’ displayed any other behaviors?”
“Flashbacks, guilty feelings, depression, anxiety. Of most concern were the flashbacks she described. These are worrying because when this happens, it is almost as though the assault is occurring again. These flashbacks woke her up during the night.”
“In addition to these behaviors, how else did Miss Jennings react to the trauma?”
“A person reacts to trauma at three levels. These are physical, mental, and behavioral responses. These reactions can occur separately or simultaneously. For instance, a flashback can trigger a physical response, such as increased heart rates, or a feeling of being ill.”
“Interesting. Can you please tell us how you assessed Miss Jennings’ reaction in more detail?”
Over the next hour, lead prosecutor Rollins took Wellings through line after line of the five-page report, elaborating on the important points. The witness talked in depth about Miss Jennings’ appearance, her feelings, and her thoughts. They talked about her actions. They talked about the terms in the report. And finally, they talked about the alleged assault itself, and the words Miss Jennings used to describe it.
When Rollins had finished questioning the witness, Hunter read through his notes on the legal pad in front of him. “Dr. Wellings.” Hunter began sitting behind his desk. “You’ve done a lot of talking about this report. Obviously, you’ve observed a lot of behaviors from Miss Jennings. Can you please tell the court where those interviews took place?”
“In my office.” Her answer was blunt, and as soon as she finished answering, she folded her arms across her chest.
“Nowhere else but your office?”
“That’s correct.”
“You state that Miss Jennings is now afraid of public spaces?”
“Yes.”
“Have you observed her in a public space?”
“She told me she was afraid of public spaces after the assault.”
“You’ve stated in your report that Miss Jennings is now afraid of men in authority. Did you ever witness Miss Jennings avoiding men in authority?”
“That’s not my job. My job, as an expert in this field, was to talk to Miss Jennings about her traumatic experience.”
“Are you avoiding answering the question, Dr. Wellings? I asked whether you’ve witnessed these behaviors in person, or whether you were merely told about these behaviors?”
“Objection, Your Honor,” Prosecutor Rollins interrupted before the witness could answer. “The court can see where Mr. Hunter is taking this line of questioning. However, the witness has already conceded that the information she has presented in the Victim Impact Report is the result of talking to the victim, not witnessing it in person. Dr. Wellings is an expert witness and her expertise is well established.”
“Agreed.” Judge Reed responded. “Dr. Wellings, are you willing to state that you have not witnessed Miss Jennings in any other environment than your office?”
“That’s correct.” Wellings responded.
“Then the objection is sustained. Mr. Hunter, we’ve established the environment in which the interviews took place, so please move on with your questioning.”
&nb
sp; Hunter nodded and turned a page on his legal pad. “Dr. Wellings, in all your assessments of sexual assault victims, have you ever found a person to be lying?”
“No,” she shook her head.
“And how many assessments have you performed?”
“More than five hundred.”
“More than five hundred.” Hunter repeated. “And not one of those reports have stated the person is lying?”
“That’s correct.”
“Do you remember Mrs. Jane Longley?”
“I do.” She slowed her speech pattern, not aware of where Hunter was taking the questioning.
“Were you aware that after you presented the Victim Impact Report to the court, and you testified about that Victim Impact Report, just as you’re doing now, that the person Mrs. Longley accused of sexual assault was found guilty?”
“I am.”
“And were you aware that the person she accused has since been released from prison?”
“Objection. Relevance.” Rollins called out.
“Your Honor,” Hunter said. “The prosecution has presented the witness as a reliable and creditable source. We have every right to enquire about her creditability.”
“Overruled.” Judge Reed turned to the witness. “You may answer the question.”
“No, I wasn’t aware that her attacker had been released from prison. I don’t keep tabs on all my past cases.”
“Mr. Joshua Mamet, the accused attacker, spent five months in prison before evidence was found that proved he wasn’t even in the same neighborhood at the time of the alleged attack. Were you aware of that?”
She shook her head. “This is news to me. Like I said, I don’t keep tabs on all of my past cases.”
“Mr. Mamet pleaded not guilty and said that Mrs. Longley was lying to exact revenge on him because he had rejected the married woman’s advances at a bar. Did your Victim Impact Report, the one that you presented to the court, the one that you talked about to the jury, state anything about the fact that you thought she was lying?”
“I don’t think so.”
“Are you aware that since the evidence came out that Mr. Mamet was innocent, that Mrs. Longley admitted she was lying about the assault because she wanted to ‘punish’ Mr. Mamet for rejecting her?”
The witness shook her head.
“Dr. Wellings?”
“No, I wasn’t aware of that, but that case is more than five years old. I’ve written more than a hundred reports since then. However, I do remember that Mrs. Longley had a history of mental health issues before she made the report to the police.”
“Were you aware that Mrs. Longley had been charged with perjury in relation to lying to the police, the court, and the jury?”
“Like I said, I don’t keep track of all my cases.”
“Please answer the question. Were you aware that Mrs. Longley had been charged with perjury for making up an allegation of sexual assault?”
“No.” She snapped. “I wasn’t aware of that.”
Hunter paused for a long moment, allowing the new information to sink into the minds of the jurors. “So if a client presented their story to you and lied to your face, lied directly to you in an interview in your office, would it be fair to say that you’d believe them anyway?”
The witness looked to the prosecution. The shock was written on their faces as well.
“Dr. Wellings?” Hunter pressed.
“No, I can tell if a person is lying.”
“Could you tell that Mrs. Longley was lying?”
“There were…” Her heart rate increased. Her reputation was on the line. “She had a history of mental health issues. There were elements that did set off alarm bells with her statements.”
“Really?” Hunter raised his voice. “Where were those elements stated in the Victim Impact Report that you presented to the court? Did you talk about those elements when you presented your findings to the jurors?”
“I chose not to include them.”
“You chose not to include them?!” Hunter slapped his hand on the table. “You’re telling this court, this jury, that even if you think a person is lying, even if you think they’re not telling the truth, you withhold that information from the jury?”
“Well, yes and no. I mean—”
“Dr. Wellings.” Hunter’s voice boomed. “You’re here, in this court, to tell the whole truth. You’ve admitted that you’ve previously presented information to the court that’s not the whole truth. You deliberately withheld information. Your statements and your reports are so false that they’ve previously caused an innocent man, an innocent man, to be convicted of a crime he did not commit. Do you expect this court, or this jury, to believe a single word that you say?”
“I…” Wellings looked like a deer caught in headlights, shocked at the sudden turn of events. “I don’t understand the question.”
“Did you suspect Ms. Jennings was lying or are you withholding that information as well?!”
“I… Listen, that case—”
“Motion to Strike this witness’ testimony and the Victim Impact Report from the record.” Hunter interrupted the answer and turned to Judge Reed. “This witness has admitted that she previously presented information to a court that was not the whole truth. She has admitted that she knowingly, and deliberately, withheld information that may have proved a man’s innocence. Her testimony, nor her report, can be taken in good faith and is extremely prejudicial against the defendant.”
Hunter had to strike the report from the court. Without the Victim Impact Report, the prosecution’s case weakened. If the report was left in, the prosecution could regain the lost ground on re-direct.
“Prosecutor Rollins?” Judge Reed looked to the prosecution for a response.
Rollins turned and talked amongst the junior lawyers, before standing. “We strongly object to the motion on the basis that Dr. Wellings’ expertise is well established in this field and a mistake in one in five hundred cases is not significant.”
“The truth is significant in this court.” Hunter retorted.
“Your Honor—”
Judge Reed held up his hand to stop Rollins protesting any further. “Dr. Wellings, do you admit that you previously withheld information from a court that could’ve influenced the jury’s decision?”
“Not deliberately. I chose not to include the information because…” She paused to consider her answer. “Because I didn’t think it was relevant at the time. I didn’t talk about it in court because… well, it would’ve weakened the case against the attacker.”
Judge Reed stroked his thumb over his chin. “The Motion to Strike the witness testimony is granted. Dr. Wellings, you may step down.”
“But I haven’t—”
“Dr. Wellings, I would suggest that you don’t make this any worse for yourself than it already is.” Judge Reed stated, before turning to the jury and explaining they could not use the report, or any statement made by the witness, to form their decision about the case.
Hunter sat down. It was a clear win for the defense.
And he wasn’t done yet.
Chapter 22
The following morning, Hunter filed a motion for a mistrial with prejudice, due to the damaging and highly improper statements made by the expert witness. Judge Reed read the motion, asked the jury a number of questions about their understanding of how to disregard Dr. Wellings’ testimony, and then promptly rejected the defense’s motion.
Following the motion deliberations, the atmosphere in the courtroom was tense. For Hunter, the adrenaline charged excitement of the previous day had become a droning headache. He hoped the five cups of water, three coffees and two aspirins would help, but they were having little effect. He sat at the defense table, reviewing his notes, distracted by the constant movement of Dr. Mackie next to him. Dr. Mackie’s leg bounced up and down under the table, unable to control his nerves. He rocked back and forth a little. Even the newspaper reporters mentioned how nervous he loo
ked in the courtroom.
“When the jury walks back in after lunch, you need to be calm. Take some deep breaths, and calm your mind.” Hunter advised his client. “The more nervous you look, the guiltier they’ll think you are. You need to look composed and confident. Every second of this trial, someone in that jury box is judging you.”
“But I am nervous.” Mackie responded. “I’ve never been more nervous in my life. I feel like I could vomit any second. I wasn’t even this nervous when I skydived last year. I jumped out of a plane, and I wasn’t this nervous. This is my livelihood on the line. Everything I’ve worked so hard to build could be gone in a week. Maybe I should negotiate with the girl?”
“Is that what you want?”
“How much does she want?” Mackie whispered.
“They said a million in compensation would make this go away.”
“A million? I’d have to sell the company to raise that sort of money.”
“That’s their plan.” Hunter nodded. “The only way for you to save your career and hold onto the clinic is win in court, but the choice is yours. The prosecution has left the deal on the table. All we have to do is talk to them.”
Mackie looked around and then knocked his foot against the wastebasket next to him. “Not yet. Not just yet. Not when I’m innocent.”
The bailiff called everyone to rise for the arrival of Judge Reed. Once the jury was welcomed back into the courtroom, Rollins called the next prosecution witness.
Daisy Perkins entered the courtroom and looked to the jury. She offered them a large smile before being sworn in. Born to a swimsuit model and multi-millionaire father, Daisy Perkins won the genetic bingo—athletic, blonde, tanned, blue eyes, straight teeth, and perfect skin. Her upbringing was charmed until her fifteenth birthday, when her father was sent to prison for fraud. Her luxurious lifestyle was stripped away overnight, and now at twenty-one, she was employed as a server in a burger restaurant.
After Rollins spent ten minutes asking preliminary questions of the witness, she turned the focus to the events of the day in question. “Miss Perkins, what were you doing on November 5th?”
Saving Justice Page 12
