by Nesly Clerge
“I’m sorry. I tried everything possible.” He looked at his partners. “The judge is allowing Kayla to testify for the prosecution.”
Todd said, “A wife can’t be made to testify against her husband.”
“The judge is allowing it. Because Starks and his wife have been separated as long as they have, with obvious intent to divorce.”
Color drained from Starks’s face. “I don’t believe it. I… I can’t believe she’d do this. Not after all she’s put me through already. Doesn’t she realize she might take our children’s father from them?” He shook his head. “It’s not her.” He pointed to the other table. “It’s him, the prosecutor. He’s forcing her to do this.”
“I’m sorry. That’s not how he made it sound.”
Starks slumped back in his chair. Tears welled in his eyes. “My God. This is a nightmare that just doesn’t stop.”
CHAPTER 11
THE PROSECUTOR CALLED Kayla Starks as his next witness. Starks wrenched his head around and saw her rise from the last bench on the left, realizing she’d slipped into the courtroom at some point. Curious eyes, as did his, followed the petite, shapely brunette as she walked with measured steps to the witness stand.
Starks kept his voice low as he told Parker, “The bitch got a modesty makeover. No cleavage hanging out, no red lipstick. Mike, you know this isn’t how she looks. If she’s going to lie about that, no telling what she’ll say up there.”
“People get up there and swear to tell the truth. They usually tell the truth that works for them,” he replied.
Kayla was sworn in. The prosecutor began. “Mrs. Starks, do you admit to having an affair with Ozy Hessinger?”
Kayla blushed, looking even more beautiful. She cast her aqua eyes downward and replied, “Yes.”
Margaret Hessinger leapt to her feet and shouted, “You whore! You and your husband have ruined our lives.”
The noise level in the gallery rose as heads turned to stare at the woman, whose eyes and snarl were more animal than human as she pointed a finger at Kayla.
The judge slammed his gavel several times. “Order in the court.” Once those in attendance settled, he said, “Mrs. Hessinger, you may stay if you remain quiet. Although the court understands your feelings in this situation, another word and the bailiff will escort you out.”
The prosecutor waited several moments then asked, “When did your involvement with Mr. Hessinger begin?”
“After my husband and I were separated.”
Starks was on his feet. “That’s a lie. You were screwing him long before we were separated. Three years. Three fucking years!”
The judge used his gavel. “The court will not tolerate that type of language. Mr. Parker, control the defendant. One more outburst and he’ll be in contempt of court.”
Parker stood. “Yes, your honor.” He whispered to Starks, “Keep your mouth shut. You’ll turn the jurors against you for certain.”
Starks nodded and pressed his fingers against his eyelids.
The prosecutor faced Kayla. “During the time of your involvement with Mr. Hessinger, did you know he was married?”
“Not at first. We’d been involved several months before I learned this.”
“How did you discover his marital status?”
“Ozy told me. Said he was sorry for not telling me sooner but he was afraid he’d lose me. He was as miserable in his marriage as I was in mine. He planned to leave his wife so we could be together. He knew how much I loved him, how much I needed him.”
Soft sobs came from the gallery. The judge looked at Margaret Hessinger but said nothing.
“Mrs. Starks, was your relationship with Mr. Hessinger over by the time the defendant attacked him?”
“Yes. Way before. Ozy felt guilty about his children. Said he couldn’t divorce their mother until they were old enough to understand. He thought it would be unfair to ask me to wait for him.”
Starks told Parker, “This is exactly why I stayed in denial for so long. She’s a convincing liar. People see the beauty, not the bitch.”
Parker nodded. “I’ll have my turn with her.”
The prosecutor asked, “Did your husband—the defendant—give you any indication that he would seek revenge against Mr. Hessinger?”
Kayla hesitated. “Not exactly. But he had what I thought was an over-the-top hatred for Ozy. He was jealous of him, you see. Ozy told me he frequently saw my husband drive by his house, sometimes during the day and sometimes at night.”
“So the defendant was engaged in a form of surveillance, or stalking, in Mr. Hessinger’s regard.”
Parker called out, “Objection.”
“Overruled.”
The prosecutor continued. “Did the defendant ever state any intention to directly engage with Mr. Hessinger, whether in conversation or in any other way?”
“No. But his temper—”
Parker was up. “Objection. Calls for a conclusion by the witness.”
“Sustained.”
The prosecutor smiled at Parker before turning back to Kayla. “Knowing the defendant as well as you do, why do you think he went to confront Mr. Hessinger?”
“Objection. Calls for opinion and speculation from the witness.”
The prosecutor said, “Your honor, who knows a husband better than his wife who’s lived with him as long as Mrs. Starks has lived with the defendant? She may not know his every thought, but she knows his personality.”
“Objection overruled. You may answer the question, Mrs. Starks.”
Kayla pursed her lips into a pout. “He has this over-blown sense of entitlement. He’s so used to buying what and who he wants, he feels entitled to have whatever he wants, no matter what. And there’s his double-standard about how men can behave and women can’t. He considers me his property, just because I’m his wife. Thinks he can keep me in a glass cage and use and abuse me as he pleases.”
Parker stood. “Objection.”
“Overruled.”
“You said ‘use and abuse.’ Did your husband physically abuse you?”
“There are other forms of abuse.”
“Would you be more specific, please?”
“There’s verbal abuse. Neglect is abuse.” She glanced at the jury and said, “As is rampant infidelity.” She faced the prosecutor. “Getting drunk and breaking things in the house is abusive, especially when the children are forced to witness it.”
“Did the defendant display these behaviors throughout your marriage?”
“Not when we were first married. Back then, he was different. The more successful he became the more entitled he felt. And the more violent his temper became when he thought life—and especially I—shouldn’t deviate from how he believed we should be. He’s one for everything in its place, everything neat and orderly, including people. I tried to tell him life just isn’t like that.”
The prosecuting attorney dragged out Kayla’s testimony about Starks’s affairs—“the ones I know about,” she said—and recollections of destructive outbursts of temper, both witnessed and not witnessed by their children.
“Prosecution rests.”
Parker stood in front of the defense counsel table. “Mrs. Starks, do you wish to change your testimony about how long you were involved with Mr. Hessinger?”
“No.”
“What about your involvement with other men?”
The prosecutor said, “Objection. The witness is not on trial.”
Parker said, “Your honor, as the wife of Mr. Starks, at least still legally, the witness’s behavior and the results of it are relevant to Mr. Starks’s state of mind prior to that night and especially that night.”
“Objection overruled. Witness may answer.”
Kayla, head down, said, “I don’t remember the question.”
Parker stared at her, waiting until his silence forced her to look at him. “Were you ever involved with other men?”
“Only my husband.”
“You mean un
til Ozy Hessinger.”
“Yes.”
Parker kept his eyes fixed on Kayla; she met his gaze. “No further questions.”
Starks watched Kayla, who avoided looking at him, until the courtroom door closed behind her.
Starks’s shoulders heaved. “Jesus. Did she ever love me?”
Parker had no reply.
The judge picked up his gavel. “Court will take a two-hour recess for lunch. Trial will resume at two o’clock.”
“Mike, why didn’t you ask her more questions? I thought you’d rip into her.”
“That wouldn’t have helped us. The Hayes’s testimonies will.”
CHAPTER 12
“DEFENSE CALLS JEFFREY Davis.”
Jeffrey drew attention, as he always did, especially from the women in the courtroom, as he sauntered to the witness stand. His skin tone was almost the same as Starks’s, but in his case it was a result of an African-American father and Caucasian mother. Like Starks, his hair was nearly black but his eyes were gold rather than dark brown like his friend’s, and he was almost half a foot taller and twenty pounds more muscular. As he approached the witness stand, he smiled at one of the female jurors who automatically smiled back then blushed when she realized what she’d done.
“Mr. Davis, you and my client are business partners. Did you know each other prior to your professional association?”
Jeffrey smoothed his tie. “We’ve been friends since high school.”
“When did you meet Kayla Starks?”
“Ninth grade. She was a student there as well. A new student.”
“The defendant and his wife dated in high school?”
“Oh yeah. It was love at first sight—for Starks, at least.” Jeffrey smiled. “He was bitten big-time.”
“Did Mrs. Starks share his affections?”
“I don’t know what she felt, exactly. I do know she said she liked him—girls talk, you know. Back then, Kayla came across as really shy, reserved even. But she knew Starks was interested; he made sure of it. She put him off for over a year, though. Not sure why she did that, but it worked. Made him crazy for her. He still is, despite what’s happened. Maybe that was the point.”
“Objection,” the prosecutor said.
“Sustained.”
“How would you describe Mr. Starks’s usual behavior?”
“Loyal, supportive. He’s a true friend and the best business partner you could ever have. The hardest working man ever. Great mind for business, a real leader. And he’s an active, contributing member of his community.”
“Would you describe him as a good husband and father?”
“He’s devoted to his family. Busted his hump to provide only the best for them. And Kayla always insisted on the best.”
“Objection.”
“Sustained. Witness will refrain from offering opinions.”
Jeffrey looked at the jurors. “That’s not an opinion, it’s a fact.”
The judge said, “Mr. Davis—”
“Sorry, your honor.” Jeffrey winked at Starks.
Parker continued. “Did Mr. Starks ever display signs of temper?”
“If you mean did he ever get upset like everyone else does, sure.” Jeffrey glanced at the jurors. “Who doesn’t when they have a good reason to?” He turned back to Parker. “But Starks has always been easy-going and good-natured. His ability to stay calm when the going gets tough is one of his most admired characteristics. So you can bet something big set him off that night.”
“Objection.”
“Sustained.”
Parker continued. “You’re saying that in all the years you’ve known my client, you never witnessed any displays of violent temper, especially toward his wife? Or abuse toward her?”
Jeffrey perched on the edge of the chair. “No way. He’s not like that. Starks has never been confrontational or aggressive, especially not with his family. Assertive, sure, when it’s called for, but he prefers to avoid conflict. Prefers to sort things out calmly and logically. He likes to keep the peace.”
“Knowing Mr. Starks as well as you do why do you think he decided to go the Hessinger house that night?”
The prosecutor jumped up. “Objection. Question calls for speculation from the witness.”
Parker said, “I withdraw the question, your honor.” He hesitated a moment then asked, “From your personal knowledge of and or conversations with Mr. Starks, how did news of his wife’s affair with Mr. Hessinger affect him?”
“Starks was devastated. I’d never seen him like that. Ever. Really felt for him.” He tapped a finger against his right thigh. “But he wanted answers, not revenge. Especially when he learned the affair was going on a couple years before they separated, and that there were others before Ozy. Although, Ozy told him there were others at the same time.” He raised his eyebrows. “You know… at the same time.”
The prosecutor stood. “Your honor. Objection. The last part of the witness’s testimony is hearsay.”
“Sustained. Strike everything after—”
“Your honor,” Parker said, “defense will be calling a witness who will verify much of this information is not hearsay, which means Mrs. Starks’s testimony about her involvement with Mr. Hessinger, as well as other men, was false.”
“You can present your witness but I will not allow the last part of that testimony. Objection sustained.” The judge advised the court reporter about what to strike.
Parker turned to Jeffrey. “Mr. Starks told you the affair between Mrs. Starks and Mr. Hessinger was going on before he and his wife separated, not after, as Mrs. Starks testified?”
“Yeah.”
The prosecutor was on his feet again. “Objection. Hearsay. Your honor, prosecution objects to defense counsel’s line of questioning. Mrs. Starks is not on trial. Testimonies are in danger of becoming more like a divorce trial rather than a criminal one. Prosecution requests—”
Parker raised his voice. “Your honor, defense recognizes who’s on trial. But as stated before, the behaviors of the defendant’s wife have direct bearing on events, specifically regarding what my client’s state of mind has been as a result. Crime of passion is the result of sudden anger or heartbreak regarding a spouse or partner who betrays the relationship. We believe it’s imperative that it’s made known that Mr. Starks was pushed to the limit that night by Mr. Hessinger’s behavior and actions, and prior to that night by his wife’s infidelities. Defense counsel is interested in the truth. We do not feel the jury can make an informed decision without knowing the background that put Mr. Starks into a fragile state of mind.”
The judge hesitated. “Try to keep this line of questioning as contained as possible from now on. Objection overruled.”
Parker faced Jeffrey. “How did Mr. Starks know this infidelity was a fact? Did he employ the services of a private investigator?”
“Later he did but not at first. He said he wanted more information but was too embarrassed about Kayla cheating on him. He also said he was holding out for the possibility Kayla would come to her senses and perhaps they’d reconcile. Paying a P.I. would make it more real. The proverbial nail in the coffin. Turned out he didn’t learn anymore than he already knew. Just got confirmation.”
“Then how did Mr. Starks first learn about his wife and Mr. Hessinger?”
“Richard Hayes. His wife told him. She’s Kayla’s best friend, or was.”
The prosecutor said, “Your honor, if this witness’s further testimony is to be based on gossip and hearsay, prosecution objects.”
Parker faced the judge. “Your honor, I intend to call Mrs. Hayes as a witness for the defense. And, I have no more questions for this witness.”
“Objection overruled.”
The prosecutor moved to the witness stand. “Mr. Davis, after the defendant and his wife separated, did he become involved in another relationship?”
“He did. And he had a right to. He was miserable, broken-hearted.”
The prosecutor smiled
at the jurors. “Not so very broken-hearted, it seems.”
“Objection.”
“Sustained.”
“Mr. Davis, would you say the defendant was faithful to his wife throughout their marriage?”
“Yes.”
“Are you certain of this?”
“Women are drawn to Starks. Always have been. He treats them well. You know, with consideration. He’s courteous, even back in school. Maybe he flirts a little. Who doesn’t? It’s good for healthy self-esteem. But that’s as far as it ever went.”
“No further questions for this witness.”
Parker called one of Starks’s employees to the stand.
“Your honor, the prosecution would like to save the court time and money. We understand that defense counsel intends to call a number of Mr. Starks’s employees as character witnesses who will swear to the integrity of the defendant and speak on his behalf. But as these people rely on the defendant for their livelihood, we feel their testimony may be slanted.”
Parker asked, “Are you saying these witnesses would perjure themselves?”
“I’m saying prosecution allows that their testimony would likely, understandably, be favorable toward the defendant. And unless one or more of them were personally involved—were actual witnesses—to anything relative to previous testimony or this case—”
The judge nodded. “Your point is taken, counselor. The court acknowledges that defense can present numerable favorable character witnesses for the defendant. Mr. Parker, if you do have any witnesses on that list who have direct, personal testimony to offer, you may proceed.”
Parker’s shoulders sagged. “Yes, your honor. Then defense calls Jennifer Hayes.”
CHAPTER 13
“HOW LONG HAVE you known Frederick Starks?”
Jenny Hayes ran a shaky hand through her auburn hair. In a paper-thin voice, she answered, “Since high school.”
“How would you describe Mr. Starks?”
“Hard worker, all through high school and after. He’s kind, generous. I’m not sure what else you’d—”
“Would you say, based on your observations and personal experience with the Starks all these years, that he was a good husband and father?”
