Dr. Mandell is a child psychologist. We’d gone back and forth on whether we wanted to call an expert to testify.
“She’s on there,” Jenny says. “Why?”
I start scrolling through my phone for her number. “Because Dr. Mandell is going to help us get jury nullification.”
“What do you need me to do?” Jenny asks.
“Pray that she’s available on short notice.”
CHAPTER 83
Angela
The next day, we complete the testimony of Graylin’s minister, then call Dr. Faye Mandell to the stand.
The woman exudes professionalism. She’s around sixty, slim and stylishly dressed in a hot pink Chenille pantsuit. After explaining that she specializes in child psychology, Dr. Mandell tells the jury that she has a master’s degree in clinical social work and a Ph.D. in child psychology, both from USC. She’s also written numerous books and articles on parenting and has appeared on CNN and MSNBC to discuss sexting among teens.
“Dr. Mandell, you’ve written several articles about the impact of technology on adolescent sexuality. Can you tell us how the two intersect?”
“Technology allows kids to explore their sexuality without doing it face-to-face. In my day, we talked in person or on the telephone. Today’s kids send text messages. Technology is another part of their environment. The cell phone is the most widely used mode of communication among teens. They don’t talk. They text and sext.”
“Can you explain to the jury what sexting is?”
“It’s sending or posting sexually suggestive text messages and images, including nude or semi-nude photos—usually of yourself—via cell phone, email or social media. The term sexting has been around for about twelve years.”
“Is sexting a popular trend among teens?”
“Sadly, yes. A study published in the Archives of Pediatric & Adolescent Medicine found that thirty-nine percent of teens admit to having sent a sext. Another forty-eight percent say they’ve received one. A whopping eighty-six percent of teen sexters never get caught. And more girls sext than boys.”
“And when you say teens, what ages are you referring to?”
“For the figures I just quoted you, thirteen to seventeen.”
I hit a few buttons on my laptop, introducing an exhibit. An image of the brain appears on the courtroom screen.
“I’d like to ask you a few questions about childhood brain development. Is the brain of a teen, say a fourteen-year-old, the same as the brain of an adult?”
“No, it’s not. The front part of the brain is called the prefrontal cortex. This area right here.” She aims at the screen with a laser pointer. “It’s responsible for problem solving, impulse control and weighing options. In children, this area isn’t fully developed until the early to mid-twenties.”
“What do you mean when you say a child’s brain isn’t fully developed?”
“As children enter adolescence around the age of twelve, a number of changes begin taking place in their brains. They start to develop sexually, which we call puberty. They start developing their own identity and move away from their parents and closer to their peers. During this phase, kids are more apt to experiment. Today’s technology makes it easier for them to take risks based on hyper-rational thinking, which is—”
“Objection, Your Honor,” Sullivan interrupts. “We’re not here for a biology lesson. I don’t think this is at all relevant. And it’s far more prejudicial than it is probative.”
“Counsel, please approach.”
“Ms. Evans, I tend to agree with the prosecutor. How is this relevant to the possession charge?”
“Your Honor, this is a specific intent crime. The prosecution has to prove that my client had the intent to possess child pornography. His maturity level and the development of his brain in that regard are directly relevant.”
“I agree with you, Ms. Evans. Overruled,” he says loudly.
I’m stunned. I expected Judge Lipscomb to give me more of a fight. I smile inwardly. He’s still pissed that the prosecution didn’t drop all of the charges and he’s cutting us some slack.
I turn back to Dr. Mandell. “You were about to explain what hyper-rational thinking is. Please continue.”
“Children generally don’t have the logical skillset we have as adults. They lack the ability to correlate potential cause and effect. This makes them more vulnerable to things like peer pressure, drugs, and sexting. Because of the undeveloped nature of the prefrontal cortex, teens are also more likely to take risks that an adult would never take. Like sending a naked selfie or saving one they may have received from a text or Snapchat.”
Sullivan audibly groans.
“So are you saying, their maturity level impacts their behavior?”
“Absolutely. While we think they should know better, they don’t. They aren’t physiologically developed enough to understand the risks. Even when they’re warned about it. They’re children. There’s a reason we don’t let fourteen-year-olds drink, drive, vote or smoke. Kids are more impetuous and they’re not cognizant of risks. Because of the developmental differences in their brains, they don’t stop to consider the long-term consequences of their decisions.”
“Do you believe children should be charged with possession of child pornography for—”
“Objection!” Sullivan yells.
“Sustained,” Judge Lipscomb replies, giving me a chiding look that says I’m pushing the envelope. “Let’s move this along, counselor.”
“Dr. Mandell, why do you think sexting is so prevalent among teens these days?”
“In great part because our children are saturated with sexual images. TV, movies, music, advertising, everywhere they turn. If you have the exhibit I prepared, I can show you better than I can tell you.”
“Your Honor, I’d like to refer the witness to defendant’s exhibit six.” I hit a key on my laptop and a collage of photographs fills the courtroom screen.
“This is a sampling of the kind of sexual images our children are bombarded with almost from the cradle.” She points the laser at the screen. “This is an ad for mascara that I saw in Macy’s. It touts the mascara as Better Than Sex. And we’ve all seen the Carl’s Jr. hamburger commercials where the ketchup runs down the woman’s breasts. These are shots from The Bachelor and The Bachelorette TV shows, which are extremely popular among teenage girls. They show people making out within minutes of meeting each other.”
She aims the laser at a picture of the Housewives of Atlanta.
“This is another popular reality show. As you can see, the women routinely dress in an extremely provocative manner, exposing their breasts. These shows set the standards for our kids. Then there’s Dating Naked. I still can’t believe that’s even on TV. And, of course, there’s the ever-popular Kim Kardashian, whose claim to fame is a porn video. She’s a wealthy pop culture icon—in part, because of that video—and millions of girls want to be like her. Even in cartoons like Shrek, there’s sexual innuendo.”
Dr. Mandell places the laser pointer along the edge of the witness box.
“I could go on and on, but I think you get my point. My generation grew up with Father Knows Best and I Love Lucy. Lucy and Ricky Ricardo slept in separate beds. And even when we progressed to The Brady Bunch, we saw Mr. and Mrs. Brady in bed but never having sex. We can’t saturate our children with sexual images and then expect them to act like saints. What you see up there on that screen is the norm for today’s kids. So, of course, they don’t think it’s any big deal to trade pictures of their genitals.”
I see several members of the jury—both male and female—frowning, but at the same time, nodding in agreement.
After a few more questions, I hand my witness over to Sullivan.
“Ms. Mandell, do you believe that teens should be absolved of their crimes simply because their brains aren’t
fully developed?”
Dr. Mandell smiles. “I’m sorry, Ms. Sullivan, but it’s Dr. Mandell. And no, I don’t think that. But I do think that in the sexting area—”
“That’s okay. You’ve answered my question.”
I stand up. “Your Honor, Dr. Mandell should be allowed to finish her response.”
The judge peers down at the witness box. “Were you finished, Dr. Mandell?”
“No, I wasn’t.”
“You can continue.”
“What I wanted to say was, unfortunately for our kids, the law hasn’t caught up with technology. We’re using laws meant to protect children as a sword against them, rather than a shield to protect them. These kids shouldn’t be prosecuted under laws intended to punish pedophiles. They’re sexually curious children, not pedophiles. We’re criminalizing normative adolescent behavior.”
Sullivan pounces. “So you believe a kid who keeps sexual images on his phone is engaging in normal adolescent behavior?”
“I sure do. Over seventy percent of teens own a cell phone. You’d be surprised how many kids are sexting.” She turns away from Sullivan and faces the jury. “Maybe even your own kids. As far as I’m concerned, any parent who hasn’t had a frank, but stern talk with their teenagers about sexting is guilty of parental malpractice.”
At least three of the female jurors have distressed looks on their faces. They’re probably going to run straight home and check their kids’ phones.
Sullivan groans. She seems uncertain about where to go next, but plows on.
“It sounds as if you think the only way we can keep kids from sexting is to confiscate their cell phones?”
“That’s one way,” Dr. Mandell says. “But until kids truly understand the consequences of doing this, it’s ridiculous to lock them up and make them register as sex offenders for the rest of their lives.”
A couple of jurors grimace. They didn’t know finding Graylin guilty means he’ll be branded an eternal sex offender. I could kiss Dr. Mandell for sneaking in that little jewel.
Sullivan asks a couple more questions that go just as badly, then gives up.
The judge dismisses Dr. Mandell then turns to me. “Who’s your next witness, counsel?”
For some reason, I’m holding my breath as I slowly rise. “I’d like to call my client, Graylin Alexander.”
CHAPTER 84
Angela
The judge gives us a fifteen-minute break. He must’ve seen the trepidation in my eyes and figured I needed it.
Jenny follows me to the ladies’ room where I press cold paper towels to my face.
“I wish Mama Baker was here to lay hands on us,” Jenny says.
I laugh. “Maybe we should give her a call to see if she can do it over the phone.”
We’re making jokes, but we both know this is no joking matter.
“I’m glad we teamed up on this case,” Jenny says.
“Me too.” I give her a long hug.
“I owe you an apology?” Jenny says.
“For what?”
“You were right. Dre didn’t have anything to do with The Shepherd’s death. According to my brother-in-law, he was paying off a couple of correctional officers who snuck in cell phones, food, and other stuff. After he threatened to expose them, the guards looked the other way when three inmates raped, beat and stabbed him. Hidden cameras showed the guards letting the inmates into the room where The Shepherd was found dead. All five of them are facing murder charges.”
I wonder whether the inmates who killed him were Blaze’s henchmen. I don’t even care. I’m just glad The Shepherd’s not around to ruin the lives of any more children.
“Thanks for telling me that,” I say, and we hug again.
Jenny opens the bathroom door and steps aside to let me walk out first. “Let’s go finish kicking Sullivan’s butt.”
Graylin, Gus, and Dre are standing outside the courtroom. I was so nervous about Graylin testifying today that I didn’t notice his new suit.
“Wow, don’t you look nice?”
For most of the trial he’s been wearing the same blue suit with a different shirt and tie. Today he’s in a spiffy double-breasted gray suit.
He smiles. “My aunt Macie bought it for me.”
“You ready to testify?”
“Yep.”
“Now remember—”
“You don’t have to tell me again, Ms. Angela. I remember. Only answer the questions asked. Say yes, ma’am, not yeah. Sit up straight. Be respectful. Don’t show my feelings. Look the jurors in the eye. Did I miss anything?”
I chuckle. “No, I think you got it all.”
Five minutes later, when it’s time for him to take the stand, Graylin’s confidence has shriveled up like a grape on a hot griddle. He’s even unsteady on his feet as he walks to the witness box.
“Can you state your name for the record?” I ask, once he’s settled in.
“Graylin Michael Alexander.”
“I’d like you to take a look at defendant’s exhibit seven and tell us what it is.”
“This is my last report card.”
“And what is your grade point average?”
“Three-point-eight. I got mostly A’s.”
“Are you in the TAG Program?”
“Yes.”
“Tell us what TAG stands for.”
“The Talented and Gifted Program.”
“And how long have you been in TAG?
“Always.”
“Always?”
“Yes, since elementary school.”
“Do you like school?”
“Yes. I’m going to be a lawyer when I grow up.”
He must have come up with that overnight. When we prepped him, he told us he wanted to be a video gamer.
“Did you receive a picture via Snapchat on May tenth?”
“Yes.”
“What did you do with it?”
“I took a screenshot of it.”
“Why?”
“Because I was shocked to see it.”
“Were you aware that having it on your phone meant you were guilty of being in possession of child pornography?”
“No, ma’am, I didn’t know that.”
“What did you intend to do with the picture?”
Graylin lowers his chin. “I was going to show it to my friend Crayvon, but that’s it. But I didn’t though.”
“Were you going to put it on the internet?”
“No, ma’am.”
“Did you put it on the internet?”
“No, ma’am. I wouldn’t do that.”
I ask him several more questions, not because I need to, but because I don’t want to leave him in Sullivan’s clutches. But ultimately, I have to.
Once I sit down, Graylin closes his eyes and his lips start moving. It looks like he’s praying.
“Good morning, Graylin,” Sullivan says.
“Good morning.”
“I only have a few questions for you.”
“Okay.” Graylin rubs his palms together.
“Have you ever received any other inappropriate pictures on your cell phone besides the picture of Kennedy Carlyle?”
Jenny and I freeze, then nearly knock each other over jumping to our feet.
“Objection, irrelevant, vague and ambiguous as to inappropriate,” Jenny says. “And the probative value is outweighed by its prejudicial effect.”
I stand there mute, even though Graylin is my witness.
“Sustained,” Lipscomb says, “but only because the question is a little vague. Ms. Sullivan, could you be a little more precise with your question?” He turns to us. “I don’t need objections from both defense counsel.”
Sullivan happily rephrases her question. “Have you ever received a n
aked picture of anyone else besides Kennedy Carlyle on your cell phone before?”
We asked Graylin that question and he said no. The fact that Sullivan is asking it means she knows something we don’t. From the terrorized look on Graylin’s face, he’s either going to answer in the affirmative or lie.
“Um, yes, ma’am.”
How did Sullivan know this? Is this information she got from Crayvon?
“How many times?”
“Two times?”
Graylin looks sheepishly at me. I’m trying not to look angry, so I don’t make him any more nervous than he already is. But I want to strangle him for not telling us this.
“Who was in the pictures?”
“It was just two grown white ladies. I didn’t know the ladies.”
“When did you receive them?”
“I’m not sure. Last year some time.”
“Who sent you the pictures?”
“I don’t know. Somebody on Snapchat.”
“Did you save those two pictures to your phone?”
Graylin sits up straighter, like he’s proud to answer this question. “No, ma’am.”
Sullivan hesitates as if she isn’t sure she wants to ask the next question. “Why not?”
Graylin hunches his shoulders. “I don’t know. I didn’t know the ladies. And I also didn’t know Snapchat that good back then.”
“So if you’d known how to use Snapchat better, would you have saved those pictures too?”
“I don’t know. Maybe.”
“And why did you save Kennedy’s picture?”
Graylin’s chest starts to heave like he’s entering the early stage of an asthma attack. He takes a long time to answer and Sullivan waits, not pressing him.
“Ma’am, I don’t know, but I didn’t mean any harm. I didn’t know Kennedy’s picture was child pornography. I wasn’t—”
Sullivan dives in to cut him off. “I have no further questions of this witness.”
“I wasn’t trying to hurt anyone.” Graylin turns to face the jury as tears trail down his cheeks. “I’m not a bad person—”
“Objection!” Sullivan screams, but her protest goes unheeded by both Graylin and the judge.
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