Victim of the Defense

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Victim of the Defense Page 17

by Marianne Woolbert-Maxwell


  Megan made some notes on her legal pad while Mattingly rambled on. She looked at the jury. They were listening intently. Megan could tell that Mattingly was getting close to the end of his statement after what seemed like an eternity. She felt her stomach flutter with nervous energy. Mattingly thanked the jury for listening, walked back to the defense table, and sat down.

  Judge Crawford turned and looked at Megan. “Ms. O’Reilly, please call your first witness.”

  Megan stood up.

  “Your Honor, the People would call Lucy Hatfield.”

  The large wooden doors at the back of the courtroom opened and Lucy walked in. All heads turned toward her. Dressed in a blue blazer, white shirt, and blue skirt, she looked professional and conservative. Megan watched as she slowly walked down the aisle to the witness stand.

  Judge Crawford peered at Lucy over the top of his half glasses. “Raise your right hand. Do you swear or affirm under the penalties of perjury that the testimony you are about to give is the truth?”

  “I do,” Lucy said.

  “Please be seated.” Judge Crawford motioned toward the witness chair.

  Megan stood and approached Lucy. “Please state your name for the court and jury.”

  “Lucy Hatfield.”

  Megan led Lucy through a series of questions, the answers to which would give the jury a sense of who she was. She covered Lucy’s educational background, her childhood in Arab, Alabama, and her daughter Lauren.

  “How old is your daughter?” Megan asked.

  “She’ll be three in January.”

  “Does Lauren have any medical issues?

  “Yes. She has cystic fibrosis.”

  Megan nodded. “How is she doing?”

  Lucy took a deep breath and smoothed her skirt. She looked at the jury and then back at Megan. “There have been some really tense moments but overall the doctors believe that her condition can be managed.” A smile washed across Lucy’s face.

  Megan walked back to the prosecution table, paused, and looked at her legal pad.

  “Who is Lauren’s father?”

  Lucy looked at Tarkington sitting next to Mattingly at the defense table.

  “Craig Tarkington. She was conceived the night of the rape.”

  Mattingly bolted up from his chair. “Objection, Your Honor. There has been no finding that my client committed a rape. I move to strike Ms. Hatfield’s statement and ask that the jury be admonished to disregard it.”

  Judge Crawford sustained Mattingly’s objection and instructed the jury to disregard Lucy’s previous statement.

  Megan looked at Lucy. She could tell Lucy was rattled. Slowly, Megan walked closer to the witness stand.

  “Have you legally pursued having Mr. Tarkington declared Lauren’s father?”

  Lucy nodded. “Yes. There was a DNA test and the court declared that he is Lauren’s father.”

  “Does Mr. Tarkington visit and pay support?”

  Mattingly was on his feet again. “Objection, Your Honor. It’s irrelevant whether my client is paying support or sees the child.”

  “I will allow it. You may answer the question,” Judge Crawford told Lucy.

  “He doesn’t visit. There’s a support order but he isn’t paying.”

  Megan inched closer to the witness stand. “Why isn’t he paying support? If you know?”

  “I understand he is appealing the court order.” Lucy looked down at her lap and then back at Megan.

  “Do you know why Mr. Tarkington isn’t visiting Lauren?”

  “He said he wants nothing to do with her.”

  Mattingly exploded out of the chair. ‘‘Objection, Your Honor! The witness is trying to prejudice the jury against my client!”

  Judge Crawford ran his hand over his face. “Overruled, Mr. Mattingly. The witness’s answer may stand.”

  Megan walked back to her table, sat down, and looked down at her notes. The room was silent except for the sound of a chair squeaking. Megan looked up at Lucy. “Tell the jury how you decided to go to law school.”

  Lucy explained it had always been something she was interested in and right after college she applied and was accepted at George Washington University Law School. Megan led her question by question through her law school experience up to the time she failed the bar exam.

  “What did you do after you didn’t pass the bar exam?”

  Lucy sighed. “That was a devastating blow to me. After that I didn’t know if I even wanted to be a lawyer. I gave it a lot of thought and finally decided that it was what I wanted to do. “She paused and looked at the jury. ‘“ I reapplied to take the exam in July 2016 and learned there were study groups that met regularly that helped people prepare for the test. I joined one in mid March and that’s when I met Craig Tarkington.

  “How long were you a part of the study group before Craig Tarkington asked you to tutor him privately?

  Lucy sat for a moment thinking. “I’d say I had been in the group about two weeks.”

  “Did you have any contact with him outside of the study group before or after you started tutoring him privately?”

  Lucy shook her head. “No.”

  “Did you ever date Mr. Tarkington?”

  “No.”

  “Were you interested in dating him?”

  “No,” Lucy said emphatically. “There was nothing like that.”

  “How did it come about that you were hired to tutor him?”

  “One day at the end of the group meeting Mr. Tarkington approached me and said he wanted to talk. He told me he was having trouble getting prepared for the bar exam even with the help of the group. He said that he could see I was really prepared to take the exam and seemed to know more than the other students. He said he really needed help and that he would pay me to tutor him one on one.

  Lucy told the jury that she and Tarkington agreed to meet once a week at the law library where they could use one of the private study rooms. They agreed on a price Lucy would charge and decided to meet on Thursday evenings at seven p.m., and set the date for the first session.

  “How did the initial sessions go?” Megan cast a glance at the jury. They were focused on every word Lucy was saying.

  “They went fine.”

  “Mr. Tarkington did nothing inappropriate or anything that caused you concern?”

  “Nothing.”

  “Did that ever change?” Megan walked closer to Lucy. She could feel Lucy’s energy shifting.

  “Yes,” she said softly. Lucy looked at the jury and then back at Megan. “We had set a time to meet for our fourth session.”

  “What date would this have been?”

  “April 20, 2016.”

  Lucy told the jury that she had been planning to meet Tarkington at seven p.m. at the law library like they always did. As she was getting ready to leave for the meeting, Tarkington called her and said he needed to push the session back to eight since he had some other things he needed to do before they met. He asked her if she would be okay meeting at his apartment to study instead of the law library.

  “Did you find that strange?” Megan asked.

  Lucy nodded. “Yes. Initially I did, since we always met at the law library. But Mr. Tarkington said a friend had to drop off some books he’d borrowed and his friend could only stop by that evening. The guy didn’t want to leave the books with someone else or in the hallway.”

  Megan walked back to the prosecution table and sat down. “You agreed to meet Craig Tarkington at his apartment?”

  “Yes.” Lucy went on to explain to the jury that she arrived at Tarkington’s apartment a few minutes before eight. He welcomed her inside and offered her a drink. They decided to study in the living room and Tarkington cleaned off the coffee table so they could place their books and study materials there. Lucy said that they studied for about an hour and then took a break.

  “Tell the jury the layout of the living room and where you were seated in relationship to Mr. Tarkington.”

  Luc
y explained that she was seated on the couch across from Tarkington. He was sitting in an overstuffed leather chair. Between them was a large coffee table.

  “Did the guy show up who was returning Mr. Tarkington’s books? Megan asked.

  Lucy shook her head. “No. He never came.”

  Megan picked up her legal pad and slowly approached Lucy. “How long was your break after you studied for an hour?”

  Lucy shifted in her chair. She said that after about twenty minutes she suggested to Tarkington they get back to work because it was getting late and they still had a lot to do.

  “What happened next?”

  “Mr. Tarkington seemed to ignore what I’d said and started making idle conversation.” Lucy looked down at her lap and then back at Megan.

  “What was he talking about?”

  “He was making small talk about his family’s law firm.”

  “Did anything happen that gave you some concern?”

  Lucy nodded. “Yes.” She told the jury that Tarkington came over to where she was seated on the couch and sat down next to her.

  “What did you do when he did that?’

  “I told him again that we needed to get back to work since I had to leave in about an hour.”

  “What did he say?” Megan could see emotion rising in Lucy.

  “He just looked at me and….”

  “And what?” Megan asked softly.

  Lucy told the jury that Tarkington didn’t say anything. After a moment he reached over and gently ran his hand down her cheek.

  “What did you do when he did that?”

  “I pushed his hand away and told him to stop.”

  “Did he?”

  “No. He tried to run his hand down my face again. I pushed his hand away again.” Lucy looked at the jury and then down at the floor. “I started to get up and he grabbed my arm and pulled me back down on the couch.” Lucy told the jury that she pulled her arm away and yelled at Tarkington to stop. When she tried to stand up again he grabbed her by the back of the shirt and pulled her back down on the couch.

  “The next thing I knew he was on top of me ripping open my shirt, running his hands up my legs, and trying to unbutton my jeans.” Lucy stopped talking and sat for a moment collecting herself. “I yelled at him to stop and kneed him in the stomach.”

  “Did you get free?”

  Lucy paused and took a deep breath. “No. After I kneed him he pushed me down on the couch even harder. He had both my arms above my head, holding me down, and was straddling me so I couldn’t move. At one point he had his hand over my mouth so I couldn’t scream.” She paused. “I was struggling to breathe.” Lucy said she continued to try to fight Tarkington off but she was no match for his strength.

  Megan paused. Although Lucy was holding herself together, she could see the torrent of emotion threatening to boil over inside her.

  “Did he say anything to you?’

  “No. He just kept coming at me. No matter what I did I couldn’t stop him.”

  Lucy described how Tarkington stood up and started to undo his pants. “I jumped up off the couch ….”

  “What happened next?”

  “I didn’t even get to head for the door. He grabbed me and threw me down on the floor. I landed on my back and hit my head. The next thing I knew he was on top of me. He ripped my shirt.” Megan saw that Lucy was trembling. “He pulled off my pants. I screamed and told him to stop.”

  “Did he stop?”

  “No. He raped me.” Lucy hunched over and started to cry.

  Megan glanced at the jury. They were all looking intently at Lucy.

  For several moments the room was silent except for the sound of Lucy crying quietly.

  Judge Crawford looked at the clock. “The court notes the time. We will close the record for today in this matter. We shall reconvene tomorrow at nine a.m.” Judge Crawford cracked the gavel. “Court adjourned.”

  CHAPTER FIFTY

  Two security guards helped Megan thread her way down the hall to the courtroom through the crush of reporters. She would never have made it through the courthouse’s front doors without the guards’ help. Outside, everywhere she looked there were television trucks and reporters, all broadcasting live to their TV stations. Microphones were being shoved in her face and reporters were yelling questions.

  It was day two of the trial and Lucy was scheduled to be cross examined by Mattingly.

  Lucy had been brought into the courthouse this morning through a private entrance at the back of the building that was mostly used by judges and wasn’t accessible to the public.

  “A question for Ms. O’Reilly,” a reporter shouted now. Megan looked in the direction of the voice. As she did another reporter rushed toward her and shoved a microphone in her face. “How do you feel Ms. Hatfield came across to the jury yesterday?” The reporter bumped into her in his attempt to get closer and Megan tripped and started to fall. One of the security guards assigned to her grabbed her arm and steadied her and another guard pushed the reporter back. Megan continued along the hall, one of the guards gently negotiating her through the mass of people with his hand on the small of her back. The other guard positioned himself so that no reporter could get in Megan’s face.

  Once she was inside the courtroom she leaned against the wall, closed her eyes, and tried to regroup for the day to come. The second day of trial hadn’t even started and chaos was already at an all time high. The courtroom was overflowing with reporters and other people. She’d heard from one of the security guards that several reporters had slept in their cars to be sure they were first in line for a seat in the galley.

  She took one last deep breath, looked around, and saw Mattingly and Tarkington. Mattingly was busy flipping though his legal pad and talking to Tarkington. No doubt preparing for Lucy’s cross examination. Megan went over to the prosecution table, set her briefcase down, snapped it open, and began removing Lucy’s file. There were only a few blank pages left in her legal pad at the end of yesterday’s trial notes, and she reached in her briefcase and took out a fresh pad. She had no doubt that she would be taking lots of notes during Mattingly’s cross examination of Lucy.

  “Good morning.”

  Megan looked up to see Lucy sitting down next to her. Her face was drawn and she looked exhausted. Megan knew that reliving the rape yesterday had taken a lot out of her. Today she would be going head to head with Mattingly. He would be coming at her from all angles. Megan had prepared Lucy and Lucy was ready—as ready as anyone could be. She was dressed in a black skirt and jacket and looked like a fellow lawyer. Today would be the one of the toughest days in Lucy’s life. Megan prayed that she would be up to the challenge.

  “All rise.”

  Judge Crawford entered the room and took his seat on the bench. He greeted the attorneys and asked if there were any preliminary matters the court needed to address before the jurors were brought in and the day’s trial started. Megan and Mattingly told the court they were ready to commence.

  Megan watched as the jurors filed in and took their seats. They made no eye contact with either her or Mattingly. Once they were seated the court made inquiry whether they had any questions and if they were ready to proceed. The jury foreman told the court they were ready.

  “I believe we finished Ms. Hatfield’s direct examination and we are now ready for Mr. Mattingly’s cross examination.” Judge Crawford nodded at Mattingly.

  “The defense calls Lucy Hatfield to the stand,” Mattingly said.

  The room was silent as Lucy walked to the witness stand and sat down.

  Judge Crawford looked at her. “Ms. Hatfield, you understand you are still under oath from yesterday.”

  “Yes, sir.”

  Megan had spent days preparing Lucy for this moment. She could feel her heart thumping in her chest.

  Mattingly stood up. “State your name for the court please.”

  “Lucy Hatfield.”

  Mattingly began his cross examination by asking L
ucy simple questions: What undergraduate school she had attended and how she came to choose George Washington University for her law studies. Slowly and methodically, he questioned her about her background. Megan could tell he was trying to get Lucy’s defenses down. It always helped to try to get whoever you were cross examining to relax. It made putting the knife in so much easier.

  “Tell the jury: Are you married?”

  Lucy shook her head. “No.”

  “Never, or married and divorced?’

  “Never married.”

  Mattingly looked down at his legal pad. “Who is Bob Relford?”

  Megan saw surprise wash across Lucy’s face. “He was a friend of mine.”

  Mattingly peered over the top of his glasses. “Was?”

  “We were engaged for a short period of time and broke up.”

  “Mr. Relford was from a very wealthy family, wasn’t he?” Mattingly cast a glance at the jury and back at Lucy.

  Megan jumped up.” I object, Your Honor. This question has nothing to do with the matter before the court.”

  Judge Crawford looked at Mattingly.

  “Judge, it is relevant to Ms. Hatfield’s character. If I may continue.”

  “Objection overruled. Continue, Mr. Mattingly.”

  “Isn’t it a fact, Ms. Hatfield, that Mr. Relford dumped you because he said you were a gold digger and just wanted his money?”

  Megan exploded out of her chair. “Objection, Your Honor! There is no basis for this question and I move to strike the answer and admonish the jury to disregard the question.”

  “I will allow the answer,” Judge Crawford said.

  Everyone in the room looked at Lucy.

  “No, that is not correct,” Lucy answered.

  “Isn’t it a fact that you sued Mr. Relford over some property—very nice property— you felt you should have been given when the relationship ended?”

  Megan squirmed in her seat. This was the first she had heard of this, or even of Bob Relford. She had tried to anticipate everything Mattingly could use to discredit Lucy but it was impossible to uncover everything.

 

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