Victim of the Defense

by Marianne Woolbert-Maxwell

  Temple paused.

  “Yelling what?” Megan asked.

  “Yelling at someone to shut up.”

  “What did you do next?”

  “I ran to the room where the noise was coming from and pushed open the door.”

  Megan could see that recalling the incident was upsetting him. Good for the jury to see that, she thought.

  Small beads of perspiration were forming on Temple’s forehead. He glanced at Tarkington and then down at the floor.

  “When I opened the door I saw Craig on the bed straddling a woman—she had no clothes on and was screaming for him to stop and trying to fight him off. He had one arm pressing down on her upper chest.”

  Temple stopped.

  Mattingly was on his feet. “Objection, Your Honor! This testimony does not pertain to the case at hand.”

  “Overruled,” the judge said.

  “Was Craig Tarkington clothed when you entered the stateroom?”

  “He had his shirt on but his pants were off.”

  “What did you do?”

  “I yelled at him, grabbed him by the collar, and pulled him off the woman.”

  Temple said that as soon as he pulled Tarkington off the woman she jumped up and grabbed her clothes. She was the young woman he had seen Tarkington talking to at The Cove. He remembered her because she looked too young to be in a bar. She was sobbing. Before Temple could say anything to her she ran out the door and off the boat.

  “I turned around and looked at Craig. He just stared at me and said she was a little tease. I was furious. I grabbed him by the shirt and hauled off and punched him in the face.”

  Megan saw Tarkington look away from Temple and down at the floor.

  “What did you do after that?”

  “I told him to get his shit, excuse my language, and get out. He wasn’t welcome on my boat or in my home.”

  Temple said Tarkington tried to tell him that what he’d seen wasn’t what it looked like. “But it was obvious to me what was going on. He was forcing himself on this young woman. No doubt about it.”

  Temple told the jury that after this happened he had no contact with Tarkington until he ran into him in the Hamptons about six months after this had happened.

  “He was there seeing his parents and we were both at the same party. He apologized about the incident on the boat and said he was back in counseling. We talked for a while and he kept saying he was sorry.”

  “Did you mend the fence and become friends again?”

  “Sort of. I didn’t know what to think. I didn’t want to believe he was a guy who attacked women but…” His voice trailed off.

  “What made you come forward now?”

  Temple let out a sigh. “About two and a half years ago, not long before I was arrested, Craig and I were out drinking one night. I had gone to D.C on business and we met for dinner. We were at the Back Room Bar having drinks and talking. “He asked me how I was. At that time things were going badly for me. The drug dealer was after me to pay back the money I owed him and my girlfriend had broken up with me because of everything that was going on with me. I didn’t want to go into all that with Craig, so I just told him I was miserable about the whole break up ordeal. We weren’t drunk, just talking.”

  “Did Mr. Tarkington say anything to you that caused you concern then?”

  Megan noticed Judge Crawford looking up at the clock. It was almost three p.m.

  Temple nodded. “Yes. He told me about meeting a woman who ended up tutoring him for the bar exam. He said that he met with her several times and really liked her. I remember he said her name was Lucy. Smart and pretty. He seemed to think she liked him too. He didn’t say what made him feel that way.” Temple shifted in his chair. “He said they made plans to meet at his apartment to do a tutoring session. When she arrived they started working and after a while they decided to take a break. Craig said that he came over and sat down right beside her with their legs touching. “

  “What did Lucy do?”

  “He said she ignored him. “

  Temple went on to say that Tarkington told him he kept trying different things, leaning over really close and touching her leg. Finally, she told him to stop and got up off the couch. Craig said that he pulled her back down and tried to kiss her. She pushed him away. He tried to kiss her again and she got up and headed for the door.”

  “Tarkington told you she said no. You’re sure of that.”

  “Very sure. He seemed to find the whole thing amusing. I told him he couldn’t treat women that way. He laughed at me and said no one could touch him because of his family and their money. I hadn’t really seen that side of him before even though I knew he had assaulted other women. Before he had acted contrite when we talked about it and I believed he was.”

  Megan glanced at the jury and looked back at Temple.

  “He said that she was just a tease and he taught her a lesson,” Temple looked down at the floor.

  Megan said nothing several seconds. “By lesson, did he mean he forced her to have sex?”

  “Objection!” Mattingly yelled. “The witness is assuming Mr. Tarkington’s intention.”

  The judge stared at Mattingly for a moment. “Sustained. Please restate your question, Ms. O’Reilly.”

  “Did Mr. Tarkington tell you he forced Lucy Hatfield to have sex with him?”

  “Yes.” Temple was silent for a few moments, collecting his thoughts. “He told me that she screamed and fought him off. He said she was stronger than he thought she would be—but no match for him. He went on a tirade telling me how she was like other women: They lead you on and then say no.”

  “What was your response when he told you all that?”

  “I felt sick. I thought he had gotten help but obviously he either hadn’t or it wasn’t working. I just wanted to get away from him.”

  Megan walked up to the witness stand. “Why didn’t you make a police report?”

  Temple paused. “At the time I was being threatened by bad people and wasn’t sure if I would even survive if I got the police involved. I wanted no where near any cops or to be on radar with them. I guess I was so caught up in my own problems I made myself stop thinking about what Craig had done.”

  “What made you come forward now?”

  “I saw news about the trial in the paper and on TV. I knew the allegations were true. What the victim said was what Craig had told me. I realized how wrong it was to do nothing and let him get away with another assault against a woman. “

  “Are you getting any breaks on the sentence in your own criminal matter for testifying against Mr. Tarkington?”

  “No, I’m not. I’m doing this because I don’t want any other women to be sexually assaulted by him. “

  “No further questions, Your Honor.” Megan walked back to the prosecution table and sat down. She cast a glance at Tarkington. He was ashen. Mattingly was staring straight ahead looking stoic. Megan knew he was trying to act as if the lacerating testimony he had just heard hadn’t hurt his client.

  “Ladies and gentlemen of the jury, this will conclude today’s testimony. We will resume trial tomorrow morning at 9 a.m. Court adjourned.” Judge Crawford cracked the gavel.

  CHAPTER FIFTY SEVEN

  The next morning Megan took a seat in the nearly empty courtroom. Promptly at nine, Jack Temple was escorted into the room by his guards and took a seat in the witness stand.

  Today was Mattingly’s day to try and take apart Temple’s testimony and destroy his credibility in front of the jury. Megan has spent most of the night going over in her head all the questions she anticipated Mattingly would ask Temple on cross examination and how to respond on her redirect if Mattingly managed to draw any blood

  “You may proceed, Mr. Mattingly,” Judge Crawford said.

  Brockton Mattingly walked up to the witness stand, stood right in front of Jack Temple, and placed both hands on his hips. “How many years did you say you could be facing in your criminal matter?”
r />   “Thirty,” Temple said softly.

  “Thirty years? That’s a long time isn’t it, Mr. Temple.” Mattingly rubbed his chin. “How old are you?”

  “Thirty-one.”

  “So you would lose quite a chunk of your life if you are convicted.”

  Temple nodded. “Yes, sir. I would.”

  “From your testimony, it sounds like you’re risking your life by testifying against the drug ring dealers.”

  “That’s correct.”

  “I assume that you’re willing to do just about anything right now to save you from serving thirty years in prison.”

  “Anything that is legal, sir.”

  Mattingly smiled. “Would you agree with me that Mr. Tarkington’s case is a very high profile one?”

  “It appears so.” Temple leaned back in the chair.

  “You’re telling this jury that you’re getting no breaks in your criminal matter from testifying against Mr. Tarkington. “

  “That’s correct.”

  “You are doing this simply to help right a wrong, so to speak.”

  “Yes.”

  Mattingly walked back and stood in front of the defense table. “Your testimony is that Mr. Tarkington has told you that he committed what you believe to be a reprehensible offense against Ms. Hatfield.”

  “Yes sir.”

  Mattingly took Temple through his testimony about the incidents he described involving Tarkington and the other women, asking Temple a seemingly never ending series of questions about the other incidents.

  “You feel those women were harmed as well, is that correct?”

  “Yes sir, I do.”

  “And these alleged incidents occurred over a period of time, starting several years ago?” “

  “Yes, sir.”

  Mattingly made a sweeping motion with his arms toward the jurors. “You’re telling this jury that you stood by while the other offenses that you say occurred happened, and did nothing. You didn’t go to the authorities or make a police report? Did you do that, Mr. Temple?”

  Temple leaned back in his chair, crossed his arms and shook his head. “No, I didn’t.”

  “Were you in trouble with the authorities over this criminal matter when these other offenses allegedly occurred?”

  “No.”

  Mattingly cut a glance at the jury. “So you did nothing to help these other women who you claim were victims of Mr. Tarkington. But now you want to come forward for Lucy Hatfield. Do you know Lucy Hatfield?”

  “No sir, I don’t.”

  Mattingly sat down at the defense table. “Would you agree with me that the People would have a feather in their cap if they could convict Mr. Tarkington?”

  Megan jumped up. “Objection, Your Honor. It is irrelevant what the People

  want or don’t want regarding the defendant.”

  “Objection sustained.” Judge Crawford let out a small sigh. “Next question, Mr. Mattingly.”

  “So this is the only time you’ve decided to come forward and do something to report Mr. Tarkington. Now, when you’re facing thirty years in prison.”

  “That’s correct.”

  “And you’re telling the jury that you’re getting no break from the authorities for testifying against Mr. Tarkington.”

  “That’s what I am saying.”

  Mattingly shoved himself away from the table and tipped the chair back.

  “You claim you walked in on Mr. Tarkington and a woman on your boat.”

  “Yes. A young woman.”

  “You don’t know what was going on in the room before you opened the door and saw them, do you, Mr. Temple?”

  “No. “

  “Would it surprise you to know that when Mr. Tarkington came back from the bathroom he caught this woman rifling through his wallet trying to steal money from him?”

  “All I know is what I saw and it didn’t look like it had anything to do with the young girl going through his wallet.”

  “But you agree, there could have been something else going on before you walked in.”

  “I’d be really surprised. I know what I saw. Mr. Tarkington had his pants off.” Temple crossed his arms.

  “ Bottom line, Mr. Temple, you claim you were so concerned about these other alleged victims but you only became concerned enough to come forward and try and help another alleged victim—Ms. Hatfield-- when you got in trouble. Now you are all on board to try and pin a false allegation against Mr. Tarkington to save your own hide.”

  Megan bounded up from the chair. “Objection, Your Honor. The question is argumentative and counsel is testifying.”

  “Objection sustained. Move on, Mr. Mattingly.”

  Mattingly cast a disbelieving glance at Temple. “No further questions, Your Honor.”

  Judge Crawford looked at Megan. “Any other witnesses for the People?”

  “No, Your Honor. The People rest.”

  Judge Crawford glanced at the clock. “Very well then. Counsel, be prepared for your final arguments. The court will adjourn until tomorrow morning at 9 a.m.”

  Megan watched the jurors walk out of the courtroom slowly, heads down, no expression on their faces.

  CHAPTER FIFTY EIGHT

  Megan set her briefcase down by the desk in her office, kicked off her shoes, and flopped down in her chair. It was over. Well, almost over. Closing arguments had begun at 9:30 a.m. and had taken over two hours for both sides to complete. The judge had said that lunch would be brought to the jury and that they would be given time to eat before they started deliberation. She cast a glance at the clock. It was a little after noon. She wondered how long it would take the jury to render a verdict.

  She leaned back in her chair and stretched. She was bone tired from the stress and strain of the trial. In the courtroom she had to be aware of what was going on at every moment, listening to every word a witness said, observing the jury, keeping ahead of the defense and their next move, especially with a seasoned trial lawyer like Mattingly who knew every angle of how to try a case and put his client in the best light.

  She heard a tap on the door. “Come in.”

  Eric entered the room with a large pizza box. Lucy followed him carrying a six pack of Pepsi. “Lunch is served,” Eric said, placing the box on Megan’s desk and opening it. The room filled with the aroma of pizza. Lucy put the Pepsi down next to the pizza and sat in one of the chairs in front of Megan’s desk.

  “I’m starving. Breakfast wore off before I even started my closing argument,” Megan said with a laugh. She twirled her chair around, opened the credenza behind the desk, and pulled out some paper plates, knives, and forks.

  Eric cut the pizza, scooped out a big piece, put it on a paper plate, and slid it over to Megan. He gave Lucy a piece and cut himself one. For several moments the room was silent as they sat eating.

  “How do you feel the trial went?” Eric took a napkin and wiped his mouth.

  “I think it went great.” Megan rapped her knuckles on top of the desk. “Knock wood.”

  She looked at Lucy. She had only taken a couple of bites of pizza.

  “Are you ok?”

  Lucy said nothing for several seconds. “I’m just worried. You never know. Look at all the women who’ve tried to come forward and make men accountable for sexually assaulting them and gotten nowhere.” She shrugged. “And I made the huge mistake of lying about cheating the first time I took the bar exam and made myself look like a liar in front of the jury.”

  “The fact that you owned up to your mistake probably impressed the jury; it usually does. Hopefully we repaired the damage.”

  Lucy said nothing.

  Megan picked up her can of Pepsi and opened it. She knew Lucy was right. Truth be told, she was also concerned about how much damage Lucy’s lie had done to the People’s case. She had done everything she could to rehabilitate Lucy’s credibility in front of the jury and now all they could do was wait and see if it had worked.

  “I think you covered every base you
could and did an excellent job presenting the case,” Eric said.

  Megan thanked him. Since the charges had been filed she had gone over Lucy’s case in her mind hundreds of times. She had no clue what she could have done to present it any better than she had

  Lucy nodded. “You did a great job, Megan.”

  “I think the jury tracked with your closing argument and were really interested,” Eric said.

  Megan knew from her years of practicing law that you had to keep the jury’s attention and make sure you didn’t lose it or confuse them. She had started her closing argument by reminding the jurors that Lucy tutored Tarkington various times at the library and he had never made any advances toward her then.

  “Lucy Hatfield’s life changed the night she agreed to meet the defendant at his apartment for a tutoring session,” Megan had said, then deliberately paused.

  After that she’d recounted to the jury Lucy’s testimony about Tarkington’s brutal attack, how Lucy had done everything in her power to fight him off but wasn’t strong enough. She reminded them of how Lucy had completed a rape kit test and been very cooperative with the authorities. She went over the testimony of the ER doctor who treated Lucy on the night of the rape, how he had found vaginal tearing when Lucy came to the hospital on the night in question, how he did not believe Lucy was lying about what had occurred and that he considered what he had observed during his examination to be consistent with her allegations.

  The jurors were completely focused on Megan during her entire closing argument.

  She knew the weakest part of the case was the fact that Lucy had lied about why she had delayed taking the bar exam. When she came to that part of her closing argument she walked up to the jury box, placed her hands on the railing, and looked each juror directly in the eyes. She told them in no uncertain terms that Lucy had done something wrong—very wrong—in not telling the truth about why she delayed taking the bar exam.

  “You heard Lucy take full responsibility for not telling you the truth. “ She paused. “She came clean to everyone here even though she knew she could be charged with perjury. She made a mistake and owned that she did. But Lucy is not on trial here. Lucy is the victim, not the perpetrator, and the charge being weighed here is rape, not lying, something far more serious.”