“Yes, I have.”
“Tell the jury what you have observed in women who are falsely reporting.”
Dr. Winston looked at the jury. “Typically these women do not want to cooperate with law enforcement. They make a report at the hospital and delay making a formal report to the police or end up not making one at all. Ms. Hatfield was very cooperative and requested the police come to the hospital that night.”
“During the course of your examination and speaking with Ms. Hatfield that night was there anything she said or did that made you suspicious she might not be telling the truth about what had occurred?”
Dr. Winston shook his head. “No. Nothing.”
“Thank you, Doctor.”‘
Judge Crawford looked at Mattingly. “Cross examination.”
Mattingly got up from his chair and walked to the witness stand. He spent the next ten minutes asking the doctor questions about his background and education.
“Doctor, how long did it take you to examine Ms. Hatfield?” Mattingly crossed his arms.
“The whole examination took almost two hours.”
“And were you present the whole time?”
“I stepped out a couple of times while the nurses were taking samples. “
“Doctor, how many rape kit exams have you done in your career?”
“Hundreds if not thousands.”
Mattingly started to walk away, stopped, and turned to face the doctor. Bottom line, Doctor, Ms. Hatfield may have submitted to a rape kit exam but without the results there’s nothing that proves conclusively that she was raped by Craig Tarkington. Do you agree?”
The doctor paused for a moment before answering. “Yes, that’s correct.”
CHAPTER FIFTY TWO
It was day three of the trial. The days had been long and arduous. So far Megan felt good about Lucy’s case. It wasn’t as airtight as she would have liked—a couple of corroborating witnesses would have made her feel better—but it had gone well. Lucy did a great job on the witness stand and her testimony was very credible.
Megan had been bombarded with questions from the media about how the police department accidentally destroying Lucy’s rape kit affected the prosecution’s case. Every time the press had a chance to get near Megan, a reporter shoved a microphone in her face and asked her to comment on that. “The rape kit is only one facet of the prosecution’s case. Our case is very strong without it,” she always said.
At the end of yesterday the Judge had asked the attorneys to be at the court early today to address a few questions. He requested that they arrive and be ready to go by eight a.m. instead of nine.
A mob of reporters was in the hallway outside the courtroom. Guards were positioned at the courtroom doors to keep the public out until court was in session. One of the guards told Megan that a crowd of reporters was already lining up in the hallway at four a.m., hoping to get prime seating for today’s session. Rumor had it that the prosecution would be resting and the defense would be given the opportunity to present its case today.
Megan set her briefcase down on the prosecution table. She was alone in the courtroom except for three police officers standing guard by the entrance to the courtroom. The judge had ordered no one but the lawyers to be admitted until 8:45 a.m., As she was taking Lucy’s file out of her briefcase she heard the doors to the courtroom creak open and turned around to see Mattingly walk in with Tarkington.
“Good morning, counselor,” Mattingly said with a smile. Megan continued removing files from her briefcase. She glanced over at Tarkington. Today was his big day. Everyone was waiting to see if he would take the stand. Dressed in a gray pinstripe suit and white shirt and with his hair neatly trimmed he looked more like a banker than a criminal defendant. He was busy whispering something to Mattingly.
“All rise,” the court bailiff said.
Megan stopped what she was doing and stood up as Judge Crawford entered the courtroom and took the bench. He picked up a pair of glasses and flicked them open.
“Counsel, I wanted to have this meeting to determine where we are in the trial. “ He turned and peered over his glasses at Megan. “Ms. O’Reilly, from looking at your witness list it appears that the people should be resting their case today. Am I correct?”
“Yes, Judge. The People will rest.”
The Judge turned to look at Mattingly.
“We are prepared to present our evidence today,” he said.
“Will Mr. Tarkington be testifying?”
Mattingly stood up. “No, Your Honor. As we all know, Mr. Tarkington has no burden of proof. The People have to prove all elements of their case beyond a reasonable doubt.”
Judge Crawford rested his chin on his hand and looked at Mattingly. “So you are not calling any witnesses and your client is not testifying. What does that leave?”
“We do have a witness, Your Honor.” Mattingly placed his hands on his hips. “As the court knows, impeachment witnesses may not be determined until a witness has testified. After Ms. Hatfield took the stand it was determined that we have a witness who will impeach her testimony.”
Megan felt her breath catch. Whatever witness he was about to call wasn’t on the list he’d handed in to the court because he hadn’t known whether he would need him or her. Megan knew Mattingly had set Lucy up— at the moment she wasn’t sure how he had done it but she was about to learn. Evidently she had taken the bait and now Mattingly was going to use it.
“Judge, this is the first I’ve heard of this,” Megan said, trying to block whatever was about to come.
Mattingly smiled. “Judge, we ask leave to call Gregory Turner.”
“I object, Your Honor,” Megan said as a matter of reflex. She had no clue who Turner was or what he would say. She needed to find Lucy and see what she knew. As the victim, Lucy only needed to be there when she was testifying. Megan had suggested she sit in the courtroom with Carol McGuire, the victim’s advocate assigned to her case, but it was still early and Lucy hadn’t shown up yet. She was still probably down in the prosecutor’s office.
Judge Crawford waived his hand dismissively. “Ms. O’Reilly, we all know that you can call an impeachment witness if the facts of the case merit it.”
“I want the opportunity to talk to this gentleman then.” Megan felt her nervous energy escalating. Something was wrong. Every cell in her body told her so.
“So, Mr. Mattingly, this will be your only witness?” the judge said.
“Yes, Your Honor. Based on the People’s case we see no need for my client to testify or call other witnesses.”
Megan felt a ball of anger explode inside her. She looked down at her notepad.
“When Mr. Turner arrives please allow Ms. O’Reilly to speak with him in the conference room,” the judge told Mattingly. “If there’s nothing else we need to address we’ll recess for now and start promptly at nine.”
Judge Crawford walked off the bench. At nine when the court session had officially started and the courtroom doors were officially opened, Megan saw a short, stocky man with a well-trimmed beard come into the courtroom. He was carrying a file under one arm and a raincoat draped over the other. Mattingly took his coat and spoke to him for a few minutes, motioned to Megan, and led the man toward the conference room.
Megan pulled out her cell phone and tried to call Lucy. Voicemail immediately kicked in. She shoved the phone back in her purse.
“Mr. Turner is back in the conference room if you would like to talk to him,” Mattingly said, perching on the edge of the prosecution table.
“So what game is this, Mattingly,” Megan said under her breath.
“No game.” Mattingly raised both hands. “Ms. Hatfield lied.” A smile crawled across his face.
Megan stared at him. She knew he was hoping to get a rise out of her.
“It seems that she wasn’t telling the truth about why she took so long to take the bar exam. You know, she had to find herself and decide if law was really for her.” Mattingly’s v
oice dripped with sarcasm.
Megan looked him straight in the eye. She wasn’t going to let him think he was rattling her even though her heart was thumping like a piston.
“Mr. Turner is the head of the licensing agency that runs the administration of the bar exam In D.C.” Mattingly tapped his hand on the table. “The real reason she didn’t take the bar exam after she failed the first time was that she was caught cheating. Her married boyfriend was the IT guy who worked for the testing agency and he gave her the answers to the test.” Mattingly leaned forward and smiled.
Megan maintained her composure. She would die before she would let Mattingly see he had made any impact on her. But her insides were exploding.
Mattingly got up and motioned for her to follow him. Megan picked up her legal pad and pen and walked confidently toward the conference room.
She entered the conference room and took a seat at the end of the long walnut table in the center of the room. Mattingly and Turner sat done near her. She sat quietly while Turner explained in detail that Lucy had not been allowed to sit for the bar exam again because she had been caught cheating the first time she took it. He confirmed that the head of the IT department had given her the answers. This was the only reason she hadn’t taken the bar again for a few years.
“This is a very serious offense that the law school and board of law examiners don’t take lightly,” Mr. Turner said. “There are many steps someone in Ms. Hatfield’s position would have to complete before she would even be eligible to apply to take the bar exam again.”
He went on to say that a student who has cheated on the bar can only sit for the bar again after they’ve taken and passed an ethics course recommended by the Disciplinary Commission for attorneys and law students. They also have to pass a grueling character and fitness interview with a panel selected by the Disciplinary Commission. It was a long hard process. She would also have to receive the approval of the ethics board before she could retake it.
When Mr. Turner finished telling Megan what had really happened with Lucy, Mattingly nodded at him and the two of them went back to the courtroom. Megan stayed behind for a moment. In just a matter of minutes the whole prosecution case had imploded. She could hear Mr. Turner’s words in her head as clear as a bell and they made her nauseous.
Megan heard a tap on the door, looked up, and saw Lucy.
“Come in and shut the door.” Megan was so angry she was shaking. Lucy sat down across the table from her.
“What’s wrong?”
“Why in the hell didn’t you tell me this?” Megan tossed her legal pad on the table. She was so mad she thought she might have a stroke. She could hear her heart pounding in her ears.
Lucy recoiled in her chair. “I don’t know what you’re talking about.”
“The defense is calling a guy named Turner. He’s the head of the licensing agency for the bar exam.”
Megan could see the blood drain out of Lucy’s face.
“He’s here to testify that you lied to the court about why you didn’t retake the bar exam sooner. “ Megan shoved her chair back away from the table.
“It seems your married boyfriend was the head of IT and he gave you the answers.” Megan shook her head in disgust. “Mattingly’s going to use this to convince the jury that you’re a liar and you lied about the rape too. Do you understand that? Our whole case is ruined.” Megan looked at Lucy. She was ashen and tears were streaming down her face.
Megan stood up. “Your credibility is shot to hell. You are the case and now the jury will see you as a liar.”
Lucy sat deathly still for a few moments.
“I’m sorry,” Lucy said softly. “I don’t know what to say.”
Megan could see her eyes moisten.
“Maybe telling me the truth from the start would have been a good idea.” Megan stopped pacing and looked at Lucy. “Did you think no one would ever find out?”
Lucy nodded. “I didn’t see how they could. My records are confidential. I don’t know how anyone could have found out.”
“Well someone did find out and we are in a hell of a mess. We’ve probably lost the case.”
Someone knocked on the conference room door. Megan turned around and saw the court reporter. “Judge is ready to start.”
“Thank you,” Megan said. She turned back to Lucy. She was still so angry she could hardly speak. “You’re going to have to explain this to the jury.” She grabbed her legal pad and pen and left the room with Lucy trailing behind.
“Judge, the defense would call Gregory Turner to the stand.”
All heads turned as Mr. Turner got up from his seat in the galley and walked toward the witness stand.
“State your name for the court,” Mattingly said.
“Gregory Turner.”
“Tell the court what you do, Mr. Turner.”
“I am the head of the agency that oversees the administering of the bar exam for law students who qualify to take it so that they may be licensed to practice law.”
“Do you know Lucy Hatfield?”
“Yes.”
“How do you know her?”
Megan felt her stomach start to churn as she listened too Turner answer Mattingly’s questions. It was worse than she thought. Gregory Turner was a great witness. He was well spoken and credible.
“How is the bar exam given?” Mattingly asked him.
“The exam is administered by computer. The questions and answers are maintained by the state licensing agency.” Mr. Turner pushed his glasses up the bridge of his nose.
Mattingly rubbed his chin and slowly paced in front of the witness box. “Ms. Hatfield told the jury that she had not taken the bar exam the next time it was offered, after she failed the first time, because she wasn’t sure she wanted to be a lawyer. Is this statement correct, sir?”
Turner shook his head. “No. Definitely not. The reason she did not take the bar exam again the next time it was offered was that she was not eligible.”
Mattingly stopped and looked at Turner. “Tell the jury why she was not eligible.”
“She was caught cheating on the exam the first time she took it and the licensing agency wouldn’t let her take it again until she successfully completed our ethics program and obtained permission from the licensing agency to sit for the exam again.”
The courtroom erupted in murmuring and stirring and the judge banged his gavel demanding silence.
“Cheating on the bar is a very serious offense,” Mr. Turner said. “Ms. Hatfield had to go through a very lengthy and serious process to see if she was even fit to take it again.”
Mattingly stood for a few moments, letting Turner’s words float in the air. “I have no other questions. Thank you, Mr. Turner.”
“Cross examination, Ms. O’Reilly?”
“No, Your Honor.”
“The defense rests Your Honor.”
Megan felt sick. She looked at the jurors. Not one of them made eye contact with her. They were all either staring down at their laps or looking at the judge.
“Do you have any rebuttal witnesses, Ms. O’Reilly?” Judge Crawford asked.
Megan stood up. “Yes, Your Honor. The People would recall Lucy Hatfield.” Megan could feel the tension in the air.
Lucy got up and slowly walked to the witness stand and sat down. She glanced at the jury. Megan noticed they still did not look back at her.
“You remember you’re still under oath?” Megan said.
“Yes,” Lucy said softly.
Megan stood, her hands clasped in front of her. “Do you know Gregory Turner?”
“I know of him but don’t know him personally.” Lucy looked down at her hands folded in her lap. “I know he’s the head of the licensing agency which handles the bar exam.”
“Who is Edward Thompson? “
Lucy shifted in her chair. “He was the head of the IT department for the agency that gives the bar exam.”
“Were you having a romantic relationship with him?”
Lucy nodded. “Yes. For a while.”
“Was he married?”
“Yes.”
Megan recounted what Mr. Turner had told the jury about how Lucy had cheated on the bar exam with the help of Edward Thompson. “You told this jury that the reason you didn’t take the bar exam for a few years was that you didn’t know if you wanted to be a lawyer.” Megan paused. “Was that a lie?” Megan was hoping that having Lucy admit what she’d done and explain why, showing genuine remorse would help her re-establish her credibility with the jury.
Lucy sat quietly for several moments. “Yes,” she said softly.
Megan looked at the jurors. They all were staring at Lucy.
Megan moved closer to the witness stand. “Why did you lie about your reasons for waiting to retake the bar?”
The room was so quiet you could hear a pin drop.
“I don’t know….. I was ashamed, I guess. An affair with a married man and cheating on the bar exam were huge mistakes. It’s hard for me to admit them, even to myself.”
“You didn’t think anyone would ever find out?”
Lucy shook her head. “No. I didn’t see how they would.”
“Your married boyfriend was Edward Thompson, whom we heard Mr. Mattingly ask you about on direct examination?”
“Yes. He lost his job over this.” Lucy raised her eyes and looked at the jury. “I’m sorry. I take full responsibility for what I’ve done. I tried to make things right and took all the required classes and passed all the interviews so I could sit for the bar exam again.” She paused and let out a sad sigh. “All I can say is I am very sorry.”
Megan walked back to the defense table and sat down. She looked directly at Lucy. “If you lied under oath about why you didn’t take the bar exam after you failed, how do we know you’re not lying now about Craig Tarkington raping you.”
Lucy looked down at her lap and then at the jury. “All I can say is that I’m sorry I lied about cheating. I lied because I was ashamed of what I’d done. . I am telling the truth. Craig Tarkington raped me.” She wiped away a small tear trickling down her face.
The courtroom was silent.
Victim of the Defense Page 19
