Chapter Two - The Trial
Adele arose and addressed the jury to make her opening statement.
"At least twenty-five percent of women serving in the U.S. military
have been sexually assaulted, and up to eighty percent have been
sexually harassed. Women in the U.S. military are more likely to be
raped by fellow soldiers than they are to be killed in combat," she
began.
"Now this is not a court martial, the defendant is not a member of the
military but he is a Defense contractor and Lieutenant Commander
Amanda Palmer was on duty when she was attacked in the offices of
Dynamic Aerospace Solutions where she had been seconded to work on the
acquisition of Defense apparatus, which for the sake of security will
not be articulated, nor is it relevant to the case."
"What is relevant, and that the plaintiff's counsel will prove, is
that Lieutenant Commander Amanda Palmer made a sexual assault report
to military officials who directed a Sexual Assault Forensic
Examination or SAFE Report be rendered. The Uniform Code of Military
Justice prescribes that the victim of a sex-related offense that
occurs in the United States must be consulted on their preference
regarding whether the offense should be prosecuted by court-martial or
in a civilian court with jurisdiction over the offense. We will
explore the contents of Lieutenant Commander Amanda Palmer's SAFE
report which has been tendered to the court, released by her in the
cause of justice."
"In summary, I will prove to this court that Oliver Randal sexually
assaulted Lieutenant Commander Amanda Palmer in his office after he
had sexually harassed over a considerable period of time and that the
attack was unprovoked and premeditated. We will be asking for a guilty
verdict and an award of damages that recompenses Amanda for her pain
and suffering and sends a strong message not only to the military but
also to their contractors and civilian employees that this behaviour
will not be tolerated." Adele completed her address and sat down at
the plaintiff's table.
Lieutenant Commander Amanda Palmer sitting at the plaintiff's table in
full uniform dabbed at the tears running down her cheeks and Adele put
a comforting arm around her.
It was all part of the performance to make the jury sympathetic.
Weldon Jennings arose from the defendant's table, straightened his tie
and cleared his throat. He was wearing a dark Armani suit and
brilliant white shirt. He was tall, dark and handsome but not
officious or presumptuous; juries loved him.
"My adversary has made a remarkable and arresting opening statement.
She's quoted some facts and figures regarding the military and its
abysmal record regarding sexual assault. She's tossed around words
like Uniform Code of Military Justice and SAFE reports." Weldon began
his own opening remarks.
"The reality is none of those words have any relevance here. We are
not, as the plaintiff's counsel has articulated, sitting in a court
martial or for that matter a criminal court. We are sitting in a
civilian court room undertaking a civil trial. The plaintiff bypassed
the option of bringing criminal charges against my client."
"The plaintiff went straight for the money."
"Why?"
"Because Dynamic Aerospace Solutions or DAS as it is known informally,
has won a billion dollar Defense contract to provide guidance systems
to the latest long-range air-to-air missile. As one of Dynamic
Aerospace Solutions' three CEOs, Oliver Randal is a cash-cow as far as
Amanda Palmer is concerned and she knows that any settlement offer
made by DAS would be substantial."
"But the plaintiff has outfoxed herself. There will be no settlement
in this case. We will prove that my client is innocent."
"Thank you." Weldon wrapped up his opening statement quickly.
He had been careful not to besmirch Amanda Palmer's character. Victim-
bashing was never a good tactic, especially where sexual misconduct
was involved. Better to show Amanda as a moneygrubber who had foregone
criminal proceedings and instead went straight to civil litigation in
order to make a substantial amount of money. There were always jurors
who hated gold-diggers and he counted on there being one or two on
jury. He only needed four of them to cast their vote in the defence's
favour for his client to win the case.
Judge James Duncan Payton Chatsworth III sat at the bench wearing his
black robe looking distinguished and knowledgeable. He took an
inordinate amount of time giving the jury directions, even though they
had been explained meticulously after the voir dire. The jury's
attention began to wane and some were close to nodding off by the time
he finished his speech. The jury wanted to hear the dirty details of
the crime not the judge prattling on in legalese.
Weldon Jennings didn't mind the judge antagonising the jury, it worked
in his favour. Also Judge Chatsworth was known to be a defendant's
judge when it came to he-said, she-said cases of sexual misconduct. He
was no fan of the #metoo movement and believed there was far too much
bias afforded to anyone bringing an unsubstantiated complaint.
Adele Edwards had made a name for herself winning civil litigation
cases where consent was in question. Most of the cases were
uncountable, in other words they were he-said she-said, without
witnesses to the act, but accompanied by forensic evidence which was
often not conclusive. The presence of semen and even bruising and
flesh wounds could be explained away by the defence as vigorous
consensual sex. Adele's forte was winning over the jury and making
them sympathetic to the plaintiff. In one notable case she had taken
the stand herself and told of her own sexual assault by a gang of
fellow students at college and explained that compliance under
coercion and intimidation did not signify consent, neither did the
victim becoming sexually aroused during the attack.
Adele Edwards called her first witness after a short break.
Janet Pennyworth was a fifty-something woman of pleasant disposition
who was attractive although she carried a few extra pounds. She had a
kind, open face and was the perfect plaintiff's witness. They got the
deposition out of the way quickly and Adele began the questioning in
earnest.
"So you are a senior clerical assistant at Dynamic Aerospace
Solutions, Los Angeles California and you were at your desk on the day
of the alleged incident." Adele was leading the witness but this was a
civil case and these facts had been established during the preliminary
questioning of the deposition.
"Yes." Janet smiled sweetly at the jury, as she had been instructed to
do during witness preparation.
"Please tell the court what you saw on the day in question." Adele
liked her witnesses to extrapolate rather than to ask a series of
direct questions.
"I saw Lieutenant Commander Amanda Palmer go into Oliver Randal's
office. She stayed in the office for about thirty minutes or so and
then suddenly the door was flung open and Amanda staggered over to me
and told me she had been raped." Janet's smile had vanished and she
looked angry.
"What exactly did Amanda Palmer say?" Adele asked.
"She said 'Rape! Rape! Rape! I've been raped. Mister Randal has raped
me!' Amanda was crying." Janet gave Oliver Randal a scathing look.
"So she was distressed. How did she look?" Adele continued.
"Her uniform was dishevelled. She was missing a shoe, her skirt was
hitched up and her nylons were full of runners and her panties were
torn and hung around one ankle, her blouse had been torn open and her
makeup and hair were ruined," Janet said solemnly.
The jury, consisting of eight women and four men, leaned forward,
listening intently. They were getting to the juicy bits of the trial.
"What did you do?" Adele asked.
"I told Julie Westwood to call 911 and helped Amanda Palmer to the
break room where I made an attempt to comfort her while we waited for
the police and the ambulance," Janet explained.
"And did Amanda say anything to you while you were waiting?" Adele was
ready to wrap it up.
"She just kept repeating over and over again that Oliver Randal had
raped her." Janet gave Oliver another withering look.
Adele handed the witness over to the defence.
"How long have you worked at DAS Miz Pennyworth?" Weldon Jennings
asked, smiling at the witness and giving her an easy question to start
with.
"Over twenty years. I started working for Mister Randal way back when
we were in our old offices when the company was just starting out."
Janet was proud of her service to the company.
"And you are now part of the managerial administration of the company,
even though you described yourself as a senior clerical assistant, a
better title might be Executive Assistant would it not?" Weldon asked.
"Objection, leading," Adele interjected.
"Withdrawn," Weldon said dismissively.
He could tell that Janet Pennyworth was flattered at being referred to
as an Executive Assistant. Weldon had achieved what he wanted.
"And how long have you known Oliver Randal?" he continued his line of
questioning.
"I've known Mister Randal all the time that I've been with the
company," Janet replied.
"And during the time you've known Oliver Randal have you ever
experienced any form of harassment or witnessed him harassing other
female members of the staff or women generally?" Weldon asked.
Weldon knew he was sailing close to the wind here but he was taking
his chances.
"Well, like a lot of gentlemen of his generation he is sometimes
condescending and has a wondering eye but I've never seen him actually
harass any women, no."
"And have you heard any complaints or rumours that he has used his
position to obtain sexual favours?" Weldon asked.
"I've not heard any complaints per se; but I think he might have
gotten a little closer to one of the legal secretaries in the
Compliance section than decorum would dictate." Janet Pennyworth
seemed pleased with her answer.
"But you never heard the secretary in the Compliance section complain
or look distressed or request a transfer or resign?" Weldon knew all
about Oliver's brief affair with the little vixen from Compliance.
"Well you know young people these days. Their moral compass tends to
swing as the mood takes them." Janet tsked.
"I'll take that as a no. And did you actually witness Lieutenant
Commander Palmer being attacked or did you see anything that occurred
in Mister Randal's office?" Weldon was nearly done.
"No. The blinds in his office were closed and the door was closed; in
fact I heard it lock when Lieutenant Commander Palmer went inside the
office." Janet foldet her arms, she was getting annoyed.
"You didn't hear any screams, cries for help, or sounds of a scuffle
or fight?" Weldon asked.
"No... well not really. I did hear muffled voices but nothing I could
decipher. The walls are insulated and as I said the door was locked
and the blinds were drawn." Janet seemed pleased with her answer.
And so was Weldon Jennings.
"And is it unusual for Oliver Randal to have his blinds drawn and door
locked?"
"Well no. A lot of his work is classified and he has access to the
secure Defense network so he is obliged to keep his office locked down
when he's working on sensitive material," Janet replied.
"After Amanda Palmer staggered, as you put it, from Mister Randal's
office; did he make any attempt to leave? To run away? Any attempt to
restrain Lieutenant Commander Palmer or to contradict her, to shout
her down so to speak?" Weldon asked.
"He just sat in his office until the police arrived. He looked
stunned," Janet sighed.
"Thank you Miz Pennyworth. Nothing more your honour." Weldon had done
the best he could.
Adele bought in Julie Westwood who had seen exactly the same series of
events that Janet Pennyworth had seen and heard. Weldon Jennings
elicited the same responses to his questions: no Julie Westwood had
not witnessed any sexual assault and spoke favourably to Oliver
Randal's character.
"You honour, the defence is prepared to stipulate that the next three
witnesses will provide the same testimony as provided by Miz Janet
Pennyworth and Miz Julie Westwood and that they will respond in kind
to questions submitted by the plaintiff and the defence. In the
interests of a speedy trial and to unburden the court I request my
stipulation be upheld and spare the court hours of repetition," Weldon
said to Judge Chatsworth.
"So stipulated. Move along Miz Edwards." The judge was obviously
bored.
Adele looked at the jury and decided that objecting and calling
another three witnesses to say the same thing would only irk them.
They had heard Janet Pennyworth's testimony and heard it corroborated
by Julie Westwood; it was enough that the jury knew that she had three
more witnesses that could substantiate the evidence; they didn't need
to hear it.
Both Oliver Randal and Adele Edwards knew that keeping the jury onside
was the only way to win this trial.
The judge recessed for lunch and Adele was torn between her loyalty to
her client, who seemed to need constant reassurance, and to her
kidnapped daughter Kimberly. She compromised and spent half an hour
with Amanda Palmer, assuring her that the trial was going their way
and then handed her over to her co-counsel, Sandra Cochran, while she
slipped away to make some calls.
"Anything?" Celia asked.
"I've heard nothing at all. I received a text from Cassandra Rivers on
my burner but I haven't read it yet; I'm too busy trying my case,"
Adele replied.
"I'm going crazy Adele; Michelle DeLong is holding my case together.
All I can think about is Kimberly and Alisha." Celia was stoic under
pressure but Adele could sense the intense strain she was under.
"The kidnappers will have to make their demands soon otherwise it's
pointless. Let's talk hard facts: if the girls had been kidnapped by
traffickers we'd never hear from them, they would have just
disappeared. If they were sexual psychopaths, they would have done
what they were going to do to them by now and moved on. The kidnappers
told me they would be making demands soon so we just have to wait it
out." Adele fought back tears.
"Are sure we shouldn't go to the FBI Adele? The kidnappers seem to
only want to talk to you and you seem to be making decisions for both
of us," Celia said coldly.
"Look... they told me that we need to make it worthwhile for them to
keep the girls unharmed and alive. That if we do what they ask they
will not touch them and keep them well cared for. They said if we go
to the authorities they will kill them. They said they will know if we
do," Adele whispered harshly into her phone.
"They know what we're doing; they're monitoring us. They hacked my
computer, they have our phone numbers. Steven Baker hasn't been able
to trace them and fuck knows what Cassandra has been doing. Until we
know what they want we have to carry on like nothing has happened,"
Adele sighed.
"That's easier said than done." Celia was crying now.
"Look honey... Kimberly is made of stern stuff. I never told you about
this, I promised I never would, but she and I have been in a similar
situation before and we survived. I can't tell you about it over the
phone; I'll tell you about it when you get home. I have to get back to
court." Adele looked at her watch.
Celia said nothing for a beat and then her voice was so quiet that
Adele could hardly hear her.
"You better tell me Adele. You better assure me our daughter is going
to be ok." Celia broke the connection.
She pulled the burner phone from her handbag. It had vibrated whilst
she was in court but the judge would have had a fit if she had pulled
the phone from her bag. The only other person beside Celia with the
number was Cassie so the message had to have come from her.
'I have something. Don't try to contact me, I'll contact you' the
message read
Adele went to the ladies room to fix her face and when she came out
she was all business. She re-entered the court and took her seat.
During the break a large video screen had been positioned so it could
be seen by the judge, the jury and the defence team.
"You honour the plaintiff calls Senior Master Sergeant Jessica Long."
Adele called her first witness after lunch.
After Jessica Long was sworn in Adele began her questioning.
"Can you identify yourself and your current position please?"
"I am Senior Master Sergeant Jessica Long and I'm currently the sexual
assault response coordinator and uniformed victim's advocate stationed
at the Sixty-First Medical Squadron at the US Air Force base Los
Angeles." Jessica looked pretty and prim in her uniform but she gave
off an attitude that she was not to be messed with.
The jury were getting excited. There would be more juicy evidence for
them to digest. Weldon Jennings made a point of appearing calm and
Oliver Randal remained stoic.
The screen was suddenly filled with an official looking document.
"Master Sergeant Long, can you tell us what we are looking at on the
screen please?" Adele asked in a deferential tone.
"That is a Department of Defense Form 2911, Sexual Assault Forensic
Examination Report, usually referred to as a SAFE report. Its
principal purpose is to document the medical and forensic examination
of a sexual assault victim. Form 2911 also documents the victim's
reporting preference, that is either Restricted or Unrestricted, which
is an intrinsic part of the sexual assault prevention and response
program," Master Sergeant Long said by rote.
"In Part C of the report, Lieutenant Commander Palmer elected the
reporting option Restricted, is that correct." Adele pointed to the
appropriate part of the form with her laser pointer.
"Correct Ma'am, just as you see there on the screen," Jessica Long
asserted.
"What is the difference between a Restricted and an Unrestricted
report?" Adele made a point of looking at a document in her hand.
"If the victim elects to file a Restricted Report, the sexual assault
can only be disclosed to the uniformed victim advocate, sexual assault
response coordinator, the victim advocate, sexual assault response
coordinator and healthcare personnel."
"Restricted Reporting is confidential and does not trigger an
investigation or command involvement, and allows the victim to access
to
Advocacy services, medical and counselling services, and victims'
legal counsel," Master Sergeant Long explained.
"So this form is used solely by the Department of Defense?" Adele
looked up from her notes.
"Yes. It was introduced by the DoD in response to the ending of
violence against women campaign after the US military's abysmal record
of dealing with sexual assault victims was made public," Senior Master
Sergeant Long said bitingly.
"Objection, the witness is testifying to facts not in evidence."
Weldon Jennings rose to his feet.
"Overruled. Too late now anyway counsellor the plaintiff's counsel has
made her point." The judge waived his hand dismissively.
"Are there any exceptions to these rules Master Sergeant Long?" Adele
asked.
"In some states, including California, healthcare providers are
required to report sexual assaults to law enforcement, and cannot
offer a Restricted Report," Jessica Long answered.
"So what happened in the case of Lieutenant Commander Amanda Palmer?
You would know of course, having been appointed her Victim's Advocate,
is that correct?" Adele was getting to the point.
"Commander Palmer's incident was reported to the civilian first
responders via a 911 call made from the offices of Dynamic Aerospace
Solutions. When the police arrived Lieutenant Commander Palmer refused
to answer any questions and when the emergency medical team arrived
she allowed them to provide her with first aid but insisted on being
taken to the nearest military hospital for treatment," Master Sergeant
Long replied.
"Because she refused to identify her assailant or even admit that an
assault had taken place, the police just lodged an incident report in
their system and left the scene. The EMTs drove Commander Palmer to
the Los Angeles Air Force base and handed her over to us at 61 Medical
Squadron," Jessica articulated.
"And it was here that Lieutenant Commander Palmer was forensically
examined and the aforementioned Form 2911 was completed?" Adele was
leading the witness again but she made the most of the latitude
afforded her.
"What condition was she in when she arrived?"
Now the jury were very alert again.
"Her uniform was dishevelled and her blouse had been torn open. Her
skirt appeared to be spattered with semen and her pantyhose and
undergarments were torn. I stayed with her while the medical officer
examined her and completed the SAFE report. Her clothes were sealed in
evidence bags for further forensic examination," Master Sergeant
Jessica Long explained.
"She changed into in a hospital gown. While she was undressed I
observed bruises on her hips, thighs and buttocks but you have the
full SAFE report provided to you by the JAG." Senior Master Sergeant
Jessica Long sat with her back straight, confident that she had done
her duty.
Adele handed her witness over to Weldon Jennings.
"Master Sergeant Long, is it true that had Amanda Palmer undertaken
her SAFE examination at a civilian hospital, her alleged assault would
have had to be reported to civilian authorities who could investigate
the offence regardless of her wish not lodge a complaint with the
police?" Weldon went for the jugular.
"Objection your honour, the witness is not a legal practitioner."
Adele sprang to her feet.
"No she's not your honour but in her role as a military sexual assault
response coordinator and uniformed victim's advocate she would know
that if the Form 2911 was completed at a civilian hospital, the
plaintiff would not have the option to make a Restricted report,"
Weldon countered.
"Overruled, the witness may answer," the judge grunted.
"Yes sir, you are correct." It was obvious that Jessica Long disliked
Weldon Jennings.
"But this Restricted report, with its very limited distribution, was
provided to the plaintiff's counsel." Weldon continued.
"Is there a question there your honour?" Adele called from her seat.
"The question was implied counsel; you are not auditioning for The
Good Wife here," the judge snapped at Adele.
"Lieutenant Commander Palmer requested that the DoD provide the SAFE
report to her civilian attorney, which is her right," Jessica replied
smugly.
"So Amanda Parker did not want the JAG to investigate the alleged
offence, nor did she want the Los Angeles Police Department to
investigate the offence but was happy to provide all of her private
information to her civil attorney for the purpose of a civil lawsuit
in order for her to make money," Weldon snapped back.
"Objection!" Adele flew to her feet.
"Sustained! The jury will disregard the defence counsel's question and
you will be careful Mister Jennings," the judge growled at Weldon
Jennings but Weldon had made his point regardless.
"During the SAFE examination, did anyone search Amanda Palmer's
handbag or was it taken into evidence?" Weldon continued as if nothing
had happened.
"No. Only exhibits deemed relevant to the attack were taken into
evidence," Jessica replied, looking a little confused at the question.
"No further questions for this witness your honour." Weldon sat down,
satisfied that he had damaged the plaintiff a little.
Adele was about to call her next witness, Doctor John Littlewood a
forensic expert, when Judge James Duncan Payton Chatsworth III called
it a day and adjourned the court.
Adele spent precious moments with Amanda Palmer telling her that today
had been a victory for the plaintiff, something she wasn't entirely
confident of. Then she and Sandra Cochran had a quick strategy meeting
and talked about how they would present their witnesses the next day.
*****
The thought of going back to the empty apartment she shared with Celia
and where they had nurtured Kimberly through adolescence after she and
Celia had adopted her depressed Adele. She decided to get a drink and
eat out. If she went to their favourite restaurant it would only
remind her of Celia so instead she went to O'Malley's, an Irish pub
close to home that served traditional Irish dishes, she was suddenly
ravenous.
It was early so Adele was able to get a booth in back away from the
crowded bar; she was not in the mood for people. She carried her pint
of Guinness to the booth having placed her dinner order with
bartender. She set up her laptop and arranged a legal pad and a pen on
the table, effectively claiming the booth as her own and then she used
the conveniences.
When she returned she found Cassie Rivers sitting in the booth across
from where Adele had nested. Cassie also had a pint of Guinness in
front of her. A waitress came over carrying two plates.
"One Irish stew and one colcannon," the girl said with a broad Irish
accent.
"I'm the colcannon." Cassie raised her hand.
Cassie moved Adele's laptop and legal pad out of the way so the
waitress could set down Adele's dish. Adele was still standing
watching the waitress arrange cutlery and napkins.
"Do you mind if I join you for dinner?" Cassie looked up at Adele.
"Looks like you're settled in," Adele replied scooting across the
bench.
Adele took a long pull on her Guinness and then began to tuck into her
stew. It was only when she began to bolt down her food that she
realised that she hadn't eaten all day.
Cassie chinked her glass against Adele's and tucked into her
colcannon. Neither spoke until they had finished eating.
"Sorry; I was ravenous." Adele burped discreetly into her napkin.
"Me too, but I'll have to put in an extra five miles tomorrow to burn
up all these carbs." Cassie smiled at Adele.
"You're a runner? You look like a runner,' Adele replied.
"My partner got me into it when we first met and it just stuck. It's
addictive I suppose." Cassie smiled.
"You didn't join me for dinner to talk about your exercise regime."
Adele wished she still smoked; a cigarette would be the perfect ending
to her meal.
"May I?" Cassie pointed to the bench seat beside Adele and Adele
nodded.
Cassie slipped into the seat beside Adele. Cassie was wearing a suit
similar to what she had worn yesterday: black pencil skirt with a side
kick-pleat, a pristine white satin blouse, nearly-nude fifteen denier
hosiery and patent-leather black high heels. Adele was acutely aware
of the proximity of Cassie's body and the Fracas eau de parfum she
wore smelled exotic. The side pleat of Cassie's skirt had opened
exposing her leg and because Adele insisted on wearing short skirts,
their thighs were touching, their nylons rubbing sensuously together
when they moved.
"Two Jack Daniel's on the rocks." Cassie smiled at the pretty waitress
who was clearing their table.
"How do you know I drink Jack Daniel's?" Adele asked.
She didn't know why but she resented that Cassie knew where she was
and had just invited herself to dinner.
"I know all about you Adele. You're my client so I need to know
everything there is to know about you so that I can best serve you."
Cassie smiled sweetly but her eyes were cold.
"But I know nothing about you," Adele countered.
"A search of the web produced nothing; it's like you don't exist. Now
if you were some schmuck housewife or secretary I'd expect that. But
even housewives and secretaries exist on social media, most likely on
Facebook or LinkedIn. But there is nothing anywhere on Cassandra
Rivers; unless of course this is you?" Adele spun her laptop around
and clicked on a jpeg image.
Cassie looked amused at the picture on the screen.
A tall attractive young woman with long thick black hair wearing heavy
makeup, clad in tight black denim, a leather jacket and a pair of
Falco Ayda calf-high leather boots sat astride a Harley Davidson Dyna
Super Glide motorcycle. Over the leather jacket the young woman wore a
denim vest embroidered with a 1% badge high on the right breast and
below in gold on black embroidery was a patch that read 'Original' and
above that another that read 'Men Of Mayhem'. On the left beast was a
stylised emblem of a woman riding a motor cycle with the words 'Biker
Bitch' above and 'Don't Fuck With Me' below.
"Where did you find this?" Cassie looked intently at the picture.
"I just typed Cassie Styles into the search engine but this is the
only thing that came up that even resembles you. That isn't you is
it?" Adele asked.
"Not anymore," Cassie said wistfully.
"Look Adele I didn't join you for dinner for social intercourse, I
have an update for you. I'm going to show you something and I want you
to keep calm; we're in a public place and what you are about to see
might be disturbing." Cassie put her hand over Adele's to comfort her.
The closeness of Cassie's body, her hand touching hers and their
thighs pressing together was disconcerting to Adele. Her wife had only
just left for Missionville that morning and her daughter was being
held hostage, the intimacy she was feeling seemed inappropriate.
Adele nodded almost imperceptibly.
Cassie reached across to put a thumb drive into a USB port on Adele's
laptop and her hair brushed Adele's face. Cassie smelled wonderful.
"Ok here we go." Cassie bought up a video file and played it.
The imagery was grainy but still sharp enough to perceive everything.
It appeared to be taken from overhead, likely a surveillance or
security camera.
Adele gasped and then held her breath.
A white woman and black woman were walking down a pathway near a park.
Even from the distance that the video was taken you could see that
they were young and pretty, they were wearing spandex workout clothes,
carrying gym bags with suit carriers slung over their shoulders, they
appeared to be engrossed in conversation.
A white van pulled up beside them and a door was flung open and two
masked men wearing dark clothing leapt out and grabbed the girls,
pressing something over their faces. The girls dropped their suit
carriers and gym bags and struggled briefly but they became
unconscious almost immediately.
The men manhandled the girls into the Econoline and quickly drove
away.
"Breathe Adele." Cassie squeezed Adele's hand.
Adele gasped.
"It's them," Adele whispered.
"I know. This video was taken from a security camera covering Bruin
Walk at UCLA but something's not quite right." Cassie closed the
program and unplugged the flash drive.
Adele looked at Cassie questioningly, faintly aware that Cassie still
held her hand.
"As you would expect on a university campus there are security cameras
everywhere. We have our ways, as I've made you aware, of accessing
almost any data stored on any platform. Both the UCLA PD and LAPD have
cameras covering that area and all footage taken during the time of
the abduction except for this has been wiped clean." Cassie held up
the flash drive.
"The kidnappers infiltrated the systems and deleted the video but left
this there for us to find I'm sure of it. As soon as we found the
video and downloaded it, it was automatically deleted from the police
servers. These guys are really good Adele. They wanted us to find the
video but they don't want the authorities to see it," Cassie
explained.
"More proof that they really have my daughter and Alisha," Adele
whispered.
Cassie nodded.
The women sat in silence for a while then Adele gulped down her drink
and slammed the glass back down on the table. She waved at the
waitress for two more.
"What now?" Adele asked.
"We have somewhere to start. We know where the abduction took place
and we accessed every security camera in the area and were able to
follow the Ford Econoline van the kidnappers were using. The trail
ended at Central City North, the warehouse district in downtown Los
Angeles. There are literally hundreds of security cameras in that area
but stored video footage for the time in question has been deleted,"
Cassie said.
"The kidnappers," Adele muttered unnecessarily.
"At least we know they are still in the city. The BNSF and Union
Pacific Railroad lines run through that area but we doubt the
kidnappers would risk transporting the girls by train." Cassie smiled
at the waitress who bought their drinks.
Adele was aware that Cassie was still holding her hand and she
disengaged and reached for her drink.
"You have to be strong Adele. You have to believe that the kidnappers
are keeping the girls safe; it's in their interests to do so," Cassie
said.
"That's easy for you to say. It's not your daughter," Adele hissed.
"Adele. I know that you're strong. I told you that I know all about
you. I know what you went through in college, your transition and
coming out to the world as a transgender woman. You are proudly
transgender but you don't push it in people's faces." Cassie reached
for Adele's hand again and squeezed it.
Adele snatched back her hand.
"You don't know what I went through in college. You could never know
what happened to me. How it affected me. What it's like to be me,"
Adele snapped.
Cassie reached for Adele's laptop and brought up the picture of the
woman on the motorcycle and tapped the screen.
"When I was twenty-one I spent four days chained to a billiard table
in the Beasts of Burden Motorcycle Club clubhouse. I was continually
gang raped over those four days and when they'd finished with me they
took me out into the desert and threw me in a hole and left me for
dead," Cassie said wistfully.
"I was rescued... well sort of... it's a long story, but I returned to
the Club and claimed what was rightfully mine: a full-patch
membership, the respect of the other members and revenge on those who
had wronged me. That was a long time ago. The woman seated on that
motorcycle has long gone, but that was me." Cassie took a sip of her
drink.
"It's not the same," Adele whispered.
Cassie leaned into Adele and whispered in her ear.
"They chained me to that billiard table because I used to be the son
of the founding father of the MC. They found me dressed as a girl,
dragged me to the clubhouse and abused me because they hated what I
had become. It made me stronger. I wouldn't be the woman I am today if
those terrible things hadn't happened."
Cassie picked up her pocket book.
"It's the same," Cassie said and eased herself out of the booth.
*****
The court reconvened for the second day of trial and Judge James
Duncan Payton Chatsworth III quickly bought matters to order; the
judge was a staunch supporter of the Sixth Amendment to the United
States Constitution which asserts the right to a speedy trial. He was
not one to allow his docket to become congested.
Adele called her first witness, Doctor John Littlewood, a forensic
science examiner.
Adele spent some time establishing Doctor Littlewood as an expert
witness to the satisfaction of the court. While this was going on
exhibits were arranged on a table and the large screen was once again
positioned so it could be seen by the judge, the jury and the defence
team.
Adele couldn't help thinking that it would most likely be Kimberly
assisting her co-counsel with the exhibits and preparing the evidence
for her. It was one of the duties Adele allowed Kimberly to perform as
a paralegal so she could get exposure to court proceedings. She put
her daughter out of her mind and addressed the witness.
John Littlewood was an expert in his field and Adele had used him many
times before in sexual assault cases but he had a tendency to become
pompous and wonder off point, labouring in minutiae that sometimes
tested the jury's patience. Adele had briefed him to keep his
testimony short, sharp and simple unless she directed specific
questions to him.
Once again Lieutenant Commander Palmer's SAFE report was projected on
the screen.
"Doctor Littlewood, are you familiar with the Department of Defense
Form 2911?" Adele asked.
"I am very familiar. Its title is in fact DoD Sexual Assault Forensic
Examination Report and forensics is my field of expertise." The doctor
sounded a little self-congratulatory so Adele moved him along.
"We will move on from the general information and consent parts of the
form and examine the patient history and activity," Adele nodded to
the court clerk who gave copies of the form to the judge, the defence
and the members of the jury so they could follow.
"I object again your honour. This is a Defense Department document and
this is a civil trial not a military court," Weldon Jennings was quick
to his feet.
"We had this out in pre-trial motions Mister Jennings and once again
your objection is overruled." The judge didn't even look up from the
form he was studying.
Weldon Jennings knew the contents of the form were inflammatory and
had tried to get it excluded from the trial without success but he
made the objection to once again to remind the jury that Amanda Palmer
had foregone a criminal investigation and gone straight to civil
litigation.
"The defendant has stipulated on the form that prior to the alleged
attack that she had not participated in any sexual activity for five
days and had not cleaned herself prior to the forensic examination."
The doctor began to give his evidence.
"It is then recorded that the defendant's vulva was swollen and she
had bruising on her buttocks, thighs and hips. I examined the
forensics photographs taken by the examiner. The swelling to the vulva
and perineum in my opinion are consistent with violent sexual
penetration. The examiner used toluidine blue dye in the area which
gave a positive indication for semen which concludes that at some
stage of the attack she was penetrated by a penis," Doctor Littlewood
said as the forensic photographs were passed around the jury.
Amanda Palmer looked humiliated as the members of the court examined
pictures of her intimate body parts.
"And the bruising?" Adele raised her eyebrows indicating for her
witness to continue.
"The bruising on the hips is consistent with someone being held
forcefully, the bruising on the buttocks and thighs are consistent
with someone undertaking vigorously physical activity. They are common
on women who have been sexually assaulted."
Weldon Jennings was tempted to object but he kept his powder dry. He
would have his chance to rebut the evidence during cross.
"What other parts of the form are relevant to your specific field?"
Adele asked.
"As you can see on the form, there were toxicology examples taken, a
vaginal speculum exam was conducted and samples taken, and her
clothing was taken into evidence," the doctor said while Adele
followed him down the form on the screen with her laser pointer.
"Did you have access to all evidence and specimens taken during the
exam and if so what did you find?" Adele was now prepared to allow
John Littlewood to prattle on because what he was about to say was
damning to the defence.
"Amanda Palmer's toxicology report proved negative for alcohol and
drugs. There was semen found in and around her vagina and on her
thighs. There was saliva around her mouth, neck and breasts and her
uniform skirt returned a positive result for semen." The reports were
passed around the jury but they had little interest in the paperwork.
They were however very interested when Amanda Palmer's navy blue
uniform skirt was passed around; the numerous chalky semen stains on
the front of the skirt were obvious.
"Did you conduct a DNA test on the semen and saliva samples Doctor
Littlewood?" Adele held her breath for the answer.
"The samples were all determined to belong to the defendant, Mister
Oliver Randal." The jury murmured at the witness's response.
"And how accurate are current DNA testing techniques?" the cherry was
about to be placed on the cake.
"My tests are 99.9 percent accurate." Doctor John Littlewood couldn't
help a smug grin.
"Finally, is it your belief that from your examination of the evidence
and the findings of your forensic analysis that Lieutenant Commander
Amanda Palmer was sexually assaulted?" Adele had coached the doctor to
pause for dramatic effect and he did.
Then...
"Yes," he answered simply.
Adele did not want to bore the jury to death with scientific jargon so
left the questioning there.
Weldon Jennings got to his feet and made a point of turning off the
screen and moving it out of the way and waited patiently for the
exhibits to be returned to the evidence table so he had the jury's
full attention.
"You did not actually conduct the forensic examination on Amanda
Palmer did you Doctor Littlewood?" he began.
"No I did not. Just the exhibits and evidence collected from her,"
John Littlewood replied.
"You've given testimony at numerous trials Doctor Littlewood, you know
you should limit your response to the question being asked." Weldon
had scored a point when the doctor blushed.
"Do you know who did conduct the forensic examination?" he continued.
"Captain Joseph Morales US Air Force oversaw the exam. He signed and
dated the SAFE report." John Littlewood squirmed a little in his seat.
"And do you know why Captain Joseph Morales US Air Force is not here
to provide testimony?" Weldon smiled waiting for the objection.
Adele flew to her feet but the judge motioned for her to sit.
The judge turned to jury.
"The plaintiff's counsel was about to object on the grounds that the
expert witness' response would only be hearsay. Now if this was a
criminal trial, I would sustain the objection but once again I stress
that this is a civil proceeding and the plaintiff and the defence are
allowed some laxity," he explained.
"Answer the question to the best of your knowledge Mister, sorry,
Doctor Littlewood." The judge turned back to the witness.
"Captain Joseph Morales refused our request to participate in the
trial and the JAG had the subpoena issued by the plaintiff's counsel
quashed." John Littlewood shook his head.
"So you had no opportunity to confer with the man who conducted the
medical exam immediately after the event?" Weldon was on a roll.
"No." John Littlewood would not be drawn further.
"But my client attended your laboratory and freely gave you hair,
blood and saliva samples. He even surrendered the clothes he was
wearing on the day of the incident, all without the need of a
subpoena, is that right?" Weldon put out his hand to indicate Oliver
Randal who was sitting up straight at the defendant's table.
Weldon didn't wait for an answer.
"To summarise your testimony, you claim the bruising and swelling and
secretions found on the plaintiff are consistent with sexual assault.
Is that correct?" Weldon asked.
"Violent sexual assault!" John Littlewood said angrily.
Weldon let the overemphasis go.
"Could they not also be consistent with vigorous consensual sexual
activity?" Weldon asked.
"Yes, but not in my opinion," the doctor answered, but Weldon had
scored another point.
"One final matter before we conclude doctor. The list of exhibits
includes the plaintiffs torn pantyhose and panties. Did you find any
semen or bodily fluids on either of those garments?" Weldon asked.
Adele looked confused. Why was he asking that question?
"I found nothing on those garments. But that's not to say they were
not torn off during the attack." John Littlewood appeared smug again.
"If it please the court, I'd like to read an excerpt of the transcript
of Miz Janet Pennyworths testimony?" Weldon looked at the judge who
nodded.
Adele knew there was no point objecting, the transcript was already in
evidence and on the record.
"'Her uniform was dishevelled. She was missing a shoe, her skirt was
hitched up and her nylons were full of runners and her panties were
torn and hung around one ankle' is what Miz Pennyworth testified."
"If this was the violent attack you eluded to and Amanda Palmer came
out of Oliver Randal's office still wearing her pantyhose, wouldn't
they too be stained by semen given it was found on her genitals,
around her vagina, on her thighs and on her skirt?" Weldon said
forcefully.
"They could have been removed during the attack." John Littlewood was
still smug.
"So you hypothesise that Amanda Palmer, who you allege had just been
violently sexually assaulted, stopped to put on her torn and runnered
pantyhose before she left Oliver Randal's office?" Weldon grinned
sarcastically at the doctor.
"Objection!" Adele almost screamed at the judge.
"Don't bother to answer Doctor." Weldon turned his back on the witness
and went back to the defence table.
*****
The next witness that Adele put on the stand was Steven Baker; he had
conducted a forensic examination of Amanda Palmer's cellular phone and
found a series of messages and emails from Oliver Randal. Adele took a
deep breath to steady herself. Steven Baker had worked closely with
Kimberly in her role as a paralegal when he examined the phone;
Kimberly had put the evidentiary presentation together as part of the
legal brief. Adele had to clear the images from her head of Steven
Baker and Kimberly working in the office, stooped over the phone
extracting and recording the data.
"Please identify yourself, your current employer and your area of
expertise to the court," Adele began once she composed herself.
"I am Steven Baker and I am the Information Technology Specialist for
Edwards and Bettany Attorneys at Law. I manage the firm's IT
requisites and I am also a computer and digital forensic
investigator," Steven Baker said.
"So you work for me?" Adele ensured the jury knew that he was her
employee in case Weldon tried to make a deal of it.
"Yes, in the capacities that I have stated." Steven Baker was now
ready to give evidence.
"You conducted a forensic examination of Commander Palmer's phone did
you not?"
"Yes. Lieutenant Commander Palmer provided her phone to the law firm
at your request." Steven Baker turned to the large screen where a
series of text messages appeared.
"I first examined the text messages she had received on her personal
phone. Some were still stored on her phone and some had been deleted
but I was able to recover them. Some were very explicit and had images
attached."
A series of 'dick pics' appeared on the screen.
Adele had Steven Baker read out some of the more explicit text
messages and emails that Amanda had received. They were mainly
complementary but contained provocative comments about her body and
requests for sexual favours. There were enquiries as to what underwear
she was wearing and descriptors of the type of lingerie the sender
liked women to wear.
"And were you able to ascertain where the texts, emails and messages
originated?" Adele was smiling.
"They were all traced to devices owned by Oliver Randal and the emails
were traced to his account," Steven Baker said smugly.
Weldon Jennings knew this testimony was coming and had instructed
Oliver Randal not to show any emotion or to turn away from the jury,
he had been directed to remain impassive which he did.
Adele had Steven Baker explain how he had ascertained this information
but kept it brief; she didn't want to bore the jury with technical
jargon. She handed her witness to the defence.
"While you were examining the texts and email that you have read out
to the court, did you also examine Amanda Palmer's responses?" Weldon
asked.
"Yes I did." Steven Baker was not going to embellish his answers.
The screen changed and a series responses to the texts appeared.
"Can you read the text messages displayed on the screen?" Weldon
asked.
Steven Baker read out a few responses such as: 'that's naughty',
'you're very dirty', 'I am not doing that'; all very vanilla.
"Would you describe these responses as rather banal and innocuous?"
Weldon asked.
"I found nothing explicit or encouraging from Commander Palmer if
that's what you mean?" Steven Baker sounded self-satisfied.
"But did you find any responses from her telling the sender to stop
sending the messages?" Weldon asked.
"No, but like I said there were no responses that I saw that
encouraged the sender either," Steven Baker countered.
"But to clarify; there were no messages that implicitly told the
sender to cease or desist?" Weldon wanted to make his point.
"None that I found," Steven Baker responded.
"Nothing further." Weldon Jennings turned his back on the witness
dismissively.
*****
After lunch, Adele put the witness on the stand that the jury really
wanted to hear from: Amanda Palmer. Adele and Sandra had spent hours
with Amanda going over her testimony and grooming her. It was
imperative that the jury believe her and become sympathetic to her.
They had warned Amanda that the defence would be rough on her but she
responded that eleven years military service had made her tough. Adele
warned her not to appear too tough; she needed to appear to be
vulnerable.
"Lieutenant Commander Palmer where were you stationed and what were
your duties around the time assault took place?" Adele began.
"I was assigned to the China Lake Naval Air Weapons Station and
seconded on TDY to the AIM-260 project Trials and Evaluation Team.
Because of the distance involved I worked remotely at the Los Angeles
offices of Dynamic Aerospace Solutions."
"I have a small condo close to the offices of DAS," Amanda explained.
"So you work in the offices of DAS. And how long have you known Oliver
Randal?" Adele went on, drawing the story out.
"Ever since I was posted to China Lake; so about a year or so. We work
closely together," Amanda answered.
"And what was your relationship with Oliver Randal?"
"At first it was just professional but I could tell he liked me. He
told me so. Then Oliver started making inappropriate comments and
sending me texts. At first I just played along until it became too
personal and then I told him to stop which he did."
"What do you mean too personal?" Adele asked.
"He would single me out at meetings and social functions, he'd stand
too close, he'd whisper lewd comments and touch me inappropriately.
Then he started turning up at restaurants, bars, nightclubs, that sort
of thing. He was sort of stalking me."
"He even sent me lingerie through the mail."
"But you never reported him to the company or to your naval
superiors?" Adele knew the defence would ask this very question.
"Like I said; he stopped. He became cordial, civil, courteous, you
know what I mean. He treated me with respect. That was until he
attacked me of course."
"Lieutenant Commander Palmer can you tell the court why you were in
the Oliver Randal's office on the day of the attack," Adele asked the
question that jury desperately wanted to hear.
"I was there to review some expense reports and to get his signature
on them," Amanda replied.
"And you were wearing your uniform; identical to the uniform you are
wearing today in court?" Adele asked.
"Yes."
"The office blinds were closed and the door was locked. Why was that?"
"Mister Randal often kept the blinds drawn and asked me lock the door
when I entered."
"Is that usual? For the door to be locked while you were in his
office?"
"Not always, no. Only if he was working on something classified."
"And were you working on anything classified that day?"
"No. As I said, we were just reviewing expense reports."
"When you were in his office were you sitting and where was Mister
Randal sitting?"
"His office is very big. There is a lounge area for informal
conferences; I was sitting on the couch there. Mister Randal sat
across from me on the other side of the office at his desk reading the
expense reports."
"I know this is difficult but please take your time and tell the court
about the attack." Adele stood near her client to offer her support.
"Mister Randal asked me to come over to his desk so he could show me
an anomaly in one of the reports. When I leaned over to look at the
report he put his hand under my skirt and began to touch me. I asked
him to stop."
"He didn't, so I tried to pull his hand away but that made him angry.
He called me a prick teaser and said that I needed a good fucking and
he was the man to do it." Amanda remained impassive, although she was
blushing and her eyes were watering.
"He got out of his chair and grabbed me. He pulled me into his arms
and tried to kiss me but I struggled and fought him. During the
struggle he pulled off my jacket, which I had already unbuttoned to
sit. He ripped open my blouse and mauled my breasts with one hand
while he squeezed my buttocks with the other. I was pinned against the
desk and couldn't get away."
"Then he turned me around and pulled my skirt up, he pulled down my
panties and tore my pantyhose. I was trying to kick him and he wailed
on my buttocks until I stopped. I was nearly exhausted; the struggle
had sapped my strength. He bent me over the desk and entered me. I
used my remaining strength to resist but he dug his fingers into my
hips and held me while he... he... he copulated with me."
"He did that to me for a while; I lost track of time. Then he pulled
himself out of me and dragged me over to the couch and threw me down
and then he opened my legs and lay on top of me. I fought him again
but he forced my thighs open, it hurt so I stopped resisting. He
entered me again and tried to kiss me; he licked my neck and sucked my
breasts. I could tell he was nearly done so I used the last of my
energy to try to get him out of me. I didn't want him to ejaculate
inside me."
"He climaxed and I managed to get him out of me while he was doing so
and most of his ejaculate spurted on my body and my skirt."
Adele let Amanda compose herself, she had been sobbing during her
description of the assault and the court was deadly silent.
"Then what happened?" Adele's voice was almost a whisper.
"Mister Randal got off me. He went to the ensuite bathroom; to clean
up I guess. I ran to the door and unlocked it and came out into the
main office. I don't remember clearly, but I know that Janet
Pennyworth took me to the break room and that Julie Westwood called
the emergency services." Amanda composed herself and wiped her eyes
with a handkerchief.
"I was in shock but the one thing I knew was that if word of the
assault became public my career would be over. Women in the military
who make complaints end up on the scrapheap."
Weldon Jennings contemplated objecting but it would only make the jury
more sympathetic so he decided against it.
"He was the CEO of a huge corporation with a contract with the Navy
worth millions if not billions of dollars. He knew Admirals and
Generals, congressmen and senators and I was a lowly ranked naval
officer. I knew that I had to get myself to a military establishment."
"That's part of our basic training. Always get back to base. You will
be safe back on base."
"I didn't talk the police and I asked the EMTs to take me to the
nearest military establishment that had healthcare facilities."
"You were taken to the Sixty-First Medical Squadron at the US Air
Force base Los Angeles where you underwent a Sexual Assault Forensic
Examination and elected to have the report classified Restricted. Why
was that?" Adele asked.
"For all the reasons I just said. Plus I was ashamed. I didn't want my
fellow officers to know what had happened to me. I've heard the male
officers and sailors talk about women like me; they say we get what we
deserve it or that we're just suffering post coital regret. They slut-
shame us and say we make allegations out of spite. I didn't want to be
one of those women." Amanda was crying again.
"But later you came to me and asked me take your case and file it in
civil court. Why?" Adele offered Amanda a fresh handkerchief.
"After a while I couldn't stand myself. I felt worthless. I knew that
if I changed my mind and requested that the SAFE report be made
Unrestricted and given to the authorities that I would be accused of
making the complaint for spite. I wouldn't be a reliable witness. But
I didn't want him to get away with it."
"The criminal justice system and the military justice system chew up
complainants like me; women who come forward after the event. So I
elected to take my case to the civil course to seek retribution."
Amanda stopped crying and sat up defiantly in the chair.
"That you very much; you have been very brave." Adele relinquished her
witness.
Weldon Jennings knew that how he cross-examined Amanda Palmer was
crucial to the defence. He had two aims: to prove the sex was
consensual and convince the jury that Amanda Palmer was a gold-digger.
He had to be careful not to attack her moral character, in the #metoo
age that was judicial suicide. Any woman who alleged that she was
sexually assaulted or harassed in a he-said, she-said situation with
no other witnesses to the incident was invariable believed.
"Lieutenant Commander Palmer, first of all thank you for your service,
how long have you served in the United States Navy?" Weldon asked
cordially.
"Eleven years." Amanda had been instructed to answer any questions
forthrightly, not to elaborate and not to become argumentative on the
stand.
"So you made rank in minimum time, congratulations." Weldon smiled at
the witness.
"Objection! Relevance?" Adele called out without even bothering to
stand.
"I'm trying to put into context how Lieutenant Commander Palmer was
selected for the very important position she occupied at the time of
the alleged offence," Weldon countered.
"Overruled." Judge Chatsworth waved his hand dismissively.
Adele knew that if she kept objecting she would antagonise the jury.
They wanted to hear the witness testify without interruptions and also
it would appear that Adele was deliberately defending her witness from
something she had to hide.
"I also notice that the stack of ribbons on your chest is not really
that impressive for a person of your rank and time in service. Most
officers of your rank and seniority strut around like Spanish Admirals
with a huge stack of medals and devices pinned to their chests."
Weldon got the jury to chuckle.
"Is there a question in there somewhere counsellor?" the judge asked.
"I'll move on. What I'm getting at is that you have only the most
innocuous service ribbons with no combat or achievement awards, yet
you made rank in minimal time. How did you achieve that?" Weldon
asked.
Amanda Palmer blushed.
"I started out as a Line Officer but decided that the warfare
speciality was not for me so I transferred to the Naval Supply Corps.
Our assignments are limited so, as you pointed out, I don't have any
combat or warlike service ribbons but my job is as essential as those
who serve on the front line," Amanda replied.
"So your career has not just been a series of 'pogue' transfers from
one cushy posting to another?" Weldon asked and metaphorically ducked
for cover.
"Move along counsellor," the judge admonished him which saved Adele
having to object to the question.
"What I'm getting at is this. You have insinuated to the court that
you hold an important position on the AIM-260 project Trials and
Evaluation Team. What exactly is your position on the Trials and
Evaluation Team?" Weldon asked.
"I'm the comptroller," Amanda responded proudly.
"So in layman's terms you are an accountant, an administrator, a
financial officer?" Weldon extrapolated.
"Are you mansplaining my job Mister Jennings? I have a vital role to
play in the project!" Amanda burst out angrily.
Adele sighed and tried to make eye contact with her client and when
she did she shook her head, indicting for Amanda to cool down.
"And what is your security clearance?" Weldon asked, unfazed by
Amanda's outburst.
"Objection! My clients security clearance is classified information."
Adele was on her feet again.
"On the contrary judge; the witnesses security clearance is in itself
not classified, it's the information she has access to that is
classified," Weldon countered.
Adele had inadvertently assisted Weldon, helping him make his point.
"The witness may answer," the judge replied.
"I have a Confidential security clearance," Amanda answered.
Weldon picked up a sheet off his desk.
"A Confidential clearance is hierarchically the first security
clearance a military member gets, typically requiring a few weeks to a
few months of investigation and must be renewed every 15 years. Is
that correct?" Weldon read from the paper he was holding.
"That is correct, but I fail to see the relevance of it," Amanda
snapped back.
Adele shook her head. She wished Amanda would remain on script.
"I'll get to that now. What is the overall classification of the AIM-
260 project?" Weldon asked.
"The project is classified Top Secret and a Compartmented clearance is
required for access to most of the classified material. But as you
pointed out counsellor, my job as comptroller does not require me to
have access to classified material," Amanda said with a self-satisfied
grin.
"But you told the court that Mister Randal often kept the blinds
closed and the door locked when you were in his office because he was
working on Top Secret material. Wouldn't he be breaching security?"
Weldon asked.
The grin left Amanda's face.
"He probably turned off his computer screen or put the classified
files away when I entered. I don't know; you will have to ask him."
Amanda's reply was gritty.
"Oh I'm going to ask him Commander; but you told the court that Mister
Randal asked you to lock the door. Wouldn't you be suspicious of him
asking you to do that?" Weldon asked.
Amanda didn't answer straight away so Weldon continued.
"Are you suggesting that the CEO of a company with a billion dollar
Defense contract would risk throwing all that way by committing a
security breach? I know for a fact that every log-in and log-out of
the Defense security network is recorded, as is access to the Dynamic
Aerospace Solutions computer system. Why would he risk his job just to
review some expense reports?" Weldon asked.
"I don't know. Maybe he got lazy?" Amanda snapped back.
"Ok. So moving along. You said in your testimony that you and Mister
Randal worked closely together and implied that you met often. Is it
not a fact that you had only one scheduled weekly appointment to
review the administrative operating accounts, that the millions of
dollars in research and development funds were handled by the company
and that as the naval representative you only handled the
administrative expenses?" Weldon asked.
Adele once again considered objecting but remained seated.
"I had a scheduled weekly meeting with him. What I meant by working
closely was that we worked closely together during those meetings. As
I said, he did seem to turn up at the same social gatherings as I did
and he did harass me," Amanda replied.
"I'm going to move onto the alleged assault and I'll try to be as
delicate as possible but I will have to ask you some personal
questions. First off, can you please examine these exhibits?" Weldon
nodded to one of clerks who handed Amanda the sealed evidence bags
containing her underwear and skirt.
Amanda handled the exhibits like they carried a virus, reluctant to
touch them. She handed them back to the clerk.
"These are the pantyhose and panties you were wearing when the alleged
assault took place; is that correct?" Weldon pointed to the items now
located on the evidence table.
"Yes," Amanda nodded.
"And you were wearing them before, during and after incident?" Weldon
pointed to the table.
"Yes, of course." Amanda was becoming riled.
"You didn't wear some other lingerie to the office and then change
into the pantyhose and regulation uniform panties after the alleged
assault?" Weldon asked.
"Objection," Adele drawled.
"Withdrawn. Can you explain then how semen was found on your skirt, in
and around your sex parts, and on your thighs but not on the pantyhose
or panties you were wearing?"
"Objection. The witness is not a crime scene investigator or forensics
expert," Adele was quick to respond.
"Sustained," the judge said gruffly.
"Ok moving on. How much do you currently earn Commander Palmer?" Once
again Weldon had a sheaf of reference material in his hands.
"I earn around seventy thousand dollars a year plus some allowances."
Amanda seemed relieved that they had moved on from questions about the
assault.
"Allowances such as rent for the condo in which you lived at the time,
paid for by DAS?" Weldon looked up from his notes.
"With allowances and per diem I was earning around one hundred
thousand dollars year when I worked at DAS, if that's what you are
asking Mister Jennings." Amanda was becoming anxious again.
"And you are currently on administrative leave pending acceptance of
your resignation from the United States Navy?" Weldon consulted his
notes.
"Yes. My career has been effectively ruined and I'm no longer
comfortable serving in the military." Amanda began to tear up.
"And have you applied for civilian employment? Your degree from
Annapolis and your distinguished military career would surely make you
a prime candidate for a highly paid position," Weldon said
sarcastically but didn't look up from his notes.
"Objection," Adele grumbled, fully expecting it to be sustained, as
did Weldon.
"I'll allow the question," the judge said.
Amanda looked shocked. She had not been prepared for the question.
Adele looked equally shocked.
"I err... I've been too busy with my lawyers and too traumatised to
look for outside employment," Amanda stuttered.
Weldon frantically flipped through his notes.
"But your discharge is effective at the end of this month and you will
have no military pension. How do you intend to support yourself?"
Weldon asked.
Amanda Palmer was speechless and looked to Adele for help.
Weldon seized the moment.
"Isn't it true Miz Palmer that you expect the lucrative damages to be
awarded to you from this lawsuit to finance your lifestyle? Is it not
also true that you recently purchased the latest model BMW Hommage and
have lodged an application with a prominent Los Angeles realtor to
find you a condominium with a price cap of two million dollars?"
Weldon said angrily.
The judge rapped his gavel repeatedly through the question, banging in
faster and louder until Weldon stopped speaking.
"No further questions your honour." Weldon stalked back to his seat.
Amanda Palmer stormed out of the witness chair and made her way back
to where Adele Edwards and Sandra Cochran were standing at the
plaintiff's table screaming objections at the judge.
"Counsel! Chambers! Now!!" Judge James Duncan Payton Chatsworth III
was ropeable.
*****
Judge Chatsworth took off his robes and indicated two chairs in front
of his large oak desk. Adele had left Sandra Cochran to try to calm
down Amanda Palmer; she took the proffered chair and glared at Weldon
Jennings who sat down in the other chair as and smiled at her
innocently.
The judge poured three large tumblers of scotch and handed them out
without asking who wanted one. He sat behind his desk and took a long
pull on his drink.
"I knew this case was going to get messy but you crossed the line in
there Weldon." The judge glared at Weldon Jennings.
"Crossed the line! The jury needs to be instructed to ignore any
implication that my client is here solely for the money," Adele
snapped.
"Really Adele? Isn't that why she's here?" Weldon studied the golden
liquor in the crystal glass.
"Judge, you don't have to be a Rhodes Scholar to see that our defence
is based on the plaintiff being a self-aggrandising gold-digger who
seduced my client with the intent to milk his company of millions in a
settlement after she made her false claims. She has now been caught
with the consequences of her actions," Weldon Jennings stated.
Judge Chatsworth put out his hand to stop the two counsellors talking.
"We are not here to try this case in chambers. I wanted this case
settled before it got anywhere near my court and I still don't
understand why you don't just settle Mister Jennings. The recompense
that the plaintiff is asking for is a rounding error in your client's
capital worth." The judge took a long pull on his drink and then
topped it up.
"Judge, my client can't settle at any price. The United States
Department of Defense has suffered from bad publicity and been
vilified in congress and in the press regarding its record regarding
their handling of sexual assault. The Military is working hard to
clean up its act and now has strict policies that are punitive to
those found guilty of sexually related offences. These policies also
apply to Defense contractors," Weldon explained.
"If my client settles, the settlement will be construed as an
admission of guilt and his company will lose their Defense contracts,
in particular the AIM-260 project. The only recourse would be for my
client to resign his position as CEO and leave the company he built
from the ground up. That ain't happening judge." Weldon drained his
drink and slammed his glass down on the desk with some finality.
"Well it looks like we are going back in the courtroom; how many
witnesses do you have left Adele?" Judge Chatsworth asked.
"I'm about done Judge; I'll likely rest my case when we return to the
court." Adele had had time to cool down.
"And you are ready to proceed Mister Jennings?" the judge was still
angry at Weldon who nodded the affirmative.
"Then we will go back in there for the plaintiff to rest and then
reconvene tomorrow to hear from the defence and hopefully have a
verdict before the weekend." The judge stood and started to put his
robe back on.
*****
When Adele went into her office it was late. She, Sandra Cochran and
Amanda Palmer had spent hours in the firm's conference room reviewing
Amanda's testimony, trying to evaluate the damage that Weldon Jennings
had done to their case when he cross-examined Amanda. They reviewed
the defence's witness list and pointedly asked Amanda if she knew what
each of the witnesses would say. Adele saw the case slipping away and
they needed to crush the defence witnesses during their testimony,
particularly Oliver Randal.
She was worried about Kimberly and Alisha, but as instructed by the
abductors, she had tried to remain focussed on the case. She
continually speculated as to how the Palmer case could possibly be
tied to her daughter's abduction. She couldn't see a connection.
She poured herself a drink and then suddenly the computer screen on
her desk burst into life. On the screen Kimberly and Alisha were once
again chained against a wall. They were wearing clean clothes and
makeup. They had obviously been allowed to change out of their sports
attire and into the clothes that were going to wear to work on the day
of the kidnapping. Adele took cold comfort in the fact that the
kidnappers seemed to be looking after the two girls.
But Adele was angry. She'd had a bad day in court and stupidly took
out her acrimony on the kidnappers.
The two abductors were once again wearing their nondescript tracksuits
and ski masks.
'Hello Adele. Good day in court?' the man typed.
'How do I know what I'm seeing here is real? It could all be staged or
pre-recorded,' Adele typed into the text box.
The man walked over to the laptop and fiddled with it a little and
suddenly the speakers on Adele's computer burst into life.
"There we go; I've turned on the audio function. You can hear me now,
right?" the man said.
"Yes I can hear you," Adele replied.
The man's voice coming from her computer speakers had been altered
electronically but she could understand him plainly.
"You think this is smoke and mirrors? Electronic mumbo jumbo? Maybe we
should send you something organic to prove we are real?" the man
turned to the camera and gave an evil grin.
"It's ok. I believe you." Adele gasped feverously, she realised she'd
made a huge tactical blunder.
"No you're right. You need tangible proof... something you can hold in
your hand," the man mused, stroking his chin.
"A finger?"
"I can cut off Kimberly's ring finger and you can see that the emerald
ring on it is the one you bought her for her eighteenth birthday and
of course you could check the fingerprint without alerting the police.
We know you have friends in the LAPD and in the Prosecutors office."
"No! No! No! That's not necessary I believe you." Adele was crying.
It was Adele's insistence that had brought about this situation and
now she was regretting it.
On the screen the man was wielding a knife, waving it under Kimberly's
eyes but her daughter remained unmoved. In that instant she loved her
daughter more than ever.
"Ok you don't want me to chop-chop so how about this..."
"Do not turn off your computer Adele. I'll know if you do and worse
will happen. Part of your punishment for not believing us is to watch
what happens."
"We promised not to sexually assault your daughter and we won't...yet!
But I'm going to give you something from her and something from me to
prove this is real. Watch, you're going to enjoy this. Well you won't
but I will," the man chuckled.
The other man took the camera off the tripod and closed in on
Kimberly, first focussing on her pretty face as the other man caressed
her cheek and then following the man's hand as it strayed down her
body. The man stopped at the hem of her skirt and then lifted the hem
up and tucked it the waistband and Kimberly began to struggle and cry
out.
"Stop it bitch!" the man put the knife to Kimberly's neck and she
stopped struggling.
"Good." The man dropped the knife and his accomplice trained the
camera on him as he lowered his tracksuit pants.
The man was fully erect and had an impressive penis.
"No! No! No! Don't" Adele screamed
"Shut up and watch!" the man replied.
The camera focussed on Kimberly's pink nylon panties. They were full-
cut and had a cute red bow at the front.
"Ok here we go," the man grunted and his accomplice had to move away
to find a better camera angle.
When the camera focussed again Adele was horrified to see that the man
was rubbing his erect penis on her daughter's panties, pressing it
into her pubic mound.
"Stay silent and watch, otherwise things will get worse for Kimberly,"
the man grunted as he thrust his cock against her daughter.
It was torture for Adele to watch the man rutting up against her
daughter, made all the worse by the man with the camera constantly
changing the field of view to show the man pressing his body against
Kimberly and alternately showing a close up of the man's cock pressed
into the folds of her daughter's labia shrouded in the flimsy pick
nylon panties.
The man was obviously close to extremis as he pushed harder and faster
against Kimberly's panty-clad pubis she could hear him grunting. The
camera remained locked on his cock and on Kimberly's mound.
Then the unthinkable happened. At first Adele thought it was her
imagination but then she saw an almost imperceptible movement as her
daughter pressed back against the man as he ground himself against
her. Kimberly gyrated her groin almost indiscernibly but she was
definitely doing it.
During a court case Adele had convinced the jury that a person could
be coerced, manipulated and downright compelled to experience pleasure
during a sexual assault. She had gone as far as to put an expert
witness on the stand to prove it. She herself had orgasmed during her
college rape and again multiple times when she was abused in the
shotgun shack in the woods.
The man abusing her daughter pressed himself hard against Kimberly,
holding her daughter by the shoulders. The cameraman shifted the
camera's field of view and focussed on Alisha chained to the wall
beside her best friend, watching Kimberly being sexually maltreated by
one of their captors. Alisha looked to be in a state of shock but she
was unable to look away.
The camera moved back to Kimberly's face which appeared to be both
alarmed and confused. Adele understood that her daughter didn't
understand why her body was betraying her. Kimberly suddenly gasped
and bit her lip and then she closed her eyes. Adele guessed that
Kimberly had probably just orgasmed and she felt pity for her.
The camera scanned down Kimberly's body, past her heaving chest
pressed against her abductor, down past her skirt which was hiked up
and tucked into the waistband and down to her groin where the man was
rutting against her sex. There was no mistaking that Kimberly was
thrusting back against him, pressing her panty-clad mound against the
man's pulsing cock which suddenly erupted, spattering the front of
Kimberly's pretty pink nylon panties with glutinous gobbets of hot
semen.
Adele whimpered and sobbed; her sorrow almost inconsolable. She wiped
away the tears and snot from her face with a tissue and stifled her
sobs. She was determined not to break down.
The man in the tracksuit stepped away from Kimberly and hitched up his
pants.
"Whooee! That was good!" the man faced the camera.
"We'll have your daughter's pretty pink panties express delivered to
you and just to prove we aren't pulling a switcheroo watch this." The
man grinned into the camera.
He took a sharpie from his pocket and grunted with exertion as he
turned Kimberly around, which was difficult with her wrists chained to
the wall and the spreader bar between her feet.
"Here we go." The camera zoomed in for a close-up as the man removed
the cap from the sharpie and began to write on the back of Kimberly's
panties.
'I'm a spoiled little slut' he wrote across the back panel of her
panties.
"There you go. You're welcome to my DNA by the way; I've never been
arrested and it's not on file anywhere but I'm sure you'll find that
out if you get it tested. Just remember, if you tell any of your law
enforcement buddies about us holding the girls for ransom we'll spend
some time having fun with them and then get rid of them. Be careful
Adele. See you soon." The man grinned into the camera and then the
screen went blank.
Once again her computer shut down of its own accord and began to
reboot.
To be continued