HONOR & BETRAYAL PT 43
Author: Gabrielle Stuart
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INT
COURT ROOM
1015 HOURS
Sucking in a deep breath, Mac reluctantly stands and walks to the
witness stand. Once seated, she again finds herself staring down
upon the man who had so ruthlessly violated her. Her eyes meeting
Peterson's intimidating glare, Mac returns an equally intense
glare toward Peterson. Noting the exchange between the two,
Ryerson walks up to the witness stand effectively blocking the line of sight
between Colonel Mackenzie and Captain Peterson.
RYERSON
I read the court transcript of Commander Rabb's
cross examination of you, Colonel, so we won't bother covering that ground
a second time. (pausing, she curiously regards Mac for a long moment
then turns and walks away from the witness stand) So
tell me, Colonel, by nature, are you normally a cautious person?
MAC
Yes, I'd like to think I am.
RYERSON
(turning and gazing back at the
Colonel)
Well, considering the night in question, would it have been a
normal practice for you to allow a total stranger into your apartment so late at
night......especially when you were alone?
MAC
(already becoming annoyed by the direction in
which Ryerson's line of questioning seemed to be going)
I'm a big girl, Ms Ryerson and as such, I'm
perfectly capable of handling myself.....(sarcastically adding as her eyes drift
over to Peterson) ....... At least when I'm not drugged,
anyway.
RYERSON
Your Honor, I ask that the Colonel's final comment be stricken from
the record. It is unduly prejudicial to my client as
well as mere speculation on the part of the
plaintiff.
IMES
(standing)
I object, your honor!
Mattoni gazes frantically up at Imes her objection obviously
catching him off guard.
MORRIS
On what grounds, counselor?
IMES
On the grounds that there is new evidence to support the veracity
of Colonel Mackenzie's allegations that she may have been drugged on the
night in question. Specifically with GHB. (producing a
small clear plastic bad with several strands of carpet piles) As such, I'd
like to present exhibit eleven for your consideration and approval for it's
admittance into evidence, your Honor.
RYERSON
Your Honor, I object! (sarcastically
exaggerating her words) A mere strand or two of carpet piles
discovered by the PLAINTIFF some TWO MONTHS after the fact should hardly
be considered reliable evidence.
MORRIS
(annoyed by Ryerson's sarcastic tone)
Ms Ryerson, let me be the judge of that, would you
please! (addressing Imes) Please explain the
relevance of this new evidence, Commander?
IMES
May I approach the bench, your Honor?
MORRIS
Please!
IMES
(as she leaves the table and walks to the
bench)
Three days ago, Colonel
Mackenzie's dog found a coffee stain on the carpet at the base of the sofa, your
Honor. (handing the bag containing the carpet piles to Admiral
Morris) A simple movement of the sofa while vacuuming allowed the
dog to pick up the drug's scent. Very much
aware of Jingo's past history with the DEA as a drug sniffing K-9, Colonel
Mackenzie became suspicious when she noted the dog's persistent pawing at the
spot on the carpet. Upon investigating, she found
the coffee stain, and immediately phoned me. Subsequently the proper steps
were taken to secure the
evidence.
RYERSON
Your Honor, two months have past since the alleged
crime and for this to have shown up at this point in time seems highly
suspicious to say the least.
MORRIS
(gazing up to Imes)
I'm assuming that forensics confirmed traces of GHB on these carpet
fibers, Commander?
IMES
Yes your Honor!
RYERSON
Your Honor, I object to the carpet
strands being entered into evidence based on the length of time that
has passed since the alleged crime. The time frame we are working
with here would have been more than sufficient for the evidence to have
been fabricated. It's credibility should be seriously
questioned if not totally rejected, your Honor!
MORRIS
Your objection is so noted, Ms Ryerson. However, I'm going to
sustain the Commander's objection as well as allow these carpet samples
into evidence based on the very nature of this case.
(Morris hands the evidence to Ryerson) How
you deal with it's credibility is up to you. Your the defense counsel.
Ryerson takes the small evidence bag from Admiral Morris and
examines it's contents as she steps away from the bench. Somewhat pleased
with herself, Imes returns to the prosecution's table where she meets the
disgruntled eyes of Mattoni.
IMES
(as she takes her seat)
What?!......Ok......so I jumped the gun a little
bit!
MATTONI
You just put the Colonel squarely on the hot seat, Commander!
What the hell were you thinking?
IMES
She'll handle it!
Ryerson walks to the witness stand and with the small bag of
evidence lying on her palm, she presents the carpet samples to
Mac.
RYERSON
(skeptically)
Your dog found this?
MAC
Yes.
RYERSON
Two months after the fact.
MAC
That's correct, yes.
RYERSON
Very convenient, don't you think?
MAC
Convenient? No!.... More like .......fortunate, I
think!
RYERSON
To say the least. But the question is, why
didn't your drug sniffing K-9 dog find it sooner? ........Or better
yet, why didn't forensics find it the first time out?
MAC
I haven't a clue, MS Ryerson!
RYERSON
I've been told by co-counsel that this dog of
yours was retired from his duties with the DEA because he couldn't perform his
job any longer. Is that correct?
MAC
That's true, yes!......But he wasn't wrong this
time.
RYERSON
Well, how convenient for you, Colonel! I mean
other than your word, there's nothing to really substantiate your claim
that it was your dog that found that coffee stain in the first
place.
MAC
No!....I guess not!
RYERSON
And all we have is your word that you only just now found this
coffee stain. How can we be sure that you didn't plant the evidence,
Colonel?
MATTONI
Objection!
MORRIS
Overruled!
MAC
Because I didn't!......Jingo found the coffee stain.
RYERSON
You had motive and opportunity, Colonel! Not to mention that
other than your word, there's nothing to substantiate the veracity of your
testimony against Captain Peterson.
MAC
I am an attorney, Ms Ryerson, and as such, I
do believe I would have had the sense to realize that the veracity of this new
evidence would be scrutinized and torn apart.....not to mention my integrity
being further degraded.
RYERSON
Well couldn't it be that once you realized that there was
insufficient evidence to thoroughly support your charges of rape against Captain
Peterson, you fabricated new evidence in an attempt to support
your claims?
MAC
(with determination)
No, Ms Ryerson!......I did
not!
RYERSON
So you say, Colonel, so you say!.......But let's forget about this
new piece of unsubstantiated evidence, for a moment, shall we! Let's go
back to the beginning here..........back to where we were before we were
interrupted. (she pauses for a long moment as she paces
the floor before the witness stand) You were
saying that it was your normal practice to allow strangers into your apartment,
is that correct, Colonel?
MAC
No, that's not what I said at all!
RYERSON
You allowed Captain Peterson in, didn't you?
MAC
(sarcastically)
Captain Peterson wasn't exactly a total stranger.
RYERSON
Then how would you have classified your relationship with
him, Colonel?
MAC
He was an acquaintance. Nothing more......nothing less.
RYERSON
How long were you acquainted with the defendant before the
alleged rape, Colonel?
MAC
I guess it was about a week.
RYERSON
And in that week, how much time did you actually spend with the
Captain?
MAC
I only knew him in passing. That's all.
RYERSON
So you hardly knew him at all, then.
MAC
I guess you could say that.
RYERSON
That is until the night of the party. Then you became better
acquainted, with him, didn't you Colonel?
MAC
To a certain degree, yes.
RYERSON
Well, didn't he in fact, sit right next to you at the dinner table
that night, Colonel?
MAC
Yes, he did!
RYERSON
Did you dance with him?
MAC
Yes!
RYERSON
Did you enjoy his company?
MAC
Yes.
RYERSON
Why is that?
MAC
He seemed to be a nice man. But I was obviously
mistaken.
RYERSON
Did you find him attractive, Colonel?
MATTONI
Objection, your Honor? Where is the defense going with
this line of questioning?
RYERSON
The plaintiff is accusing my client of rape. It's my
job to prove otherwise, you Honor. Establishing what sort of relationship
existed prior to the sexual encounter between the plaintiff and the defendant is
obviously very relevant to the defense.
MORRIS
Overruled! The plaintiff will answer the
question.
RYERSON
Colonel?
MAC
I wasn't sexually attracted to him, if that's what you mean, MS
Ryerson!
RYERSON
Really!.......Well, according to court
transcripts, two witnesses who testified earlier in this courts martial termed
your behavior toward the Captain as something more than casual.......one
even used the term flirting. Were you flirting with him,
Colonel?
MAC
We conversed casually over dinner and later shared one
dance. Now, if that can possibly be construed as flirting
then, yes, I guess you could say that I was!
RYERSON
Well, again, the same two witnesses testified
that it was your behavior toward Captain Peterson which provoked the
argument between yourself and your date. Isn't that
correct, Colonel?
MAC
(reluctantly)
There was a misunderstanding, yes.
RYERSON
And didn't this misunderstanding lead to your date leaving the
party altogether?
MAC
Yes. But none of this is relevant to the fact
that the sonofa.........(catching herself in mid sentence she quickly
regains control as she indicates Peterson). He raped me!
RYERSON
Allegedly raped you, Colonel and as an attorney, I'm sure you do
see the relevance! (there is a long moment of silence
between Ryerson and Mac) Tell me Colonel, did your escort....... dumping
you.......so to speak, anger you?
MAC
No.
RYERSON
Oh, I think it did, Colonel!.......So much so that perhaps you felt
the need to get even.
MAC
Not true.
RYERSON
Were you angry, Colonel?
MATTONI
Objection!.......Asked and answered.
MORRIS
Sustained.
RYERSON
Were you frustrated with him, Colonel?
MAC
I may have been angry and even frustrated with him, Ms
Ryerson, but definitely not to the extent that you're
suggesting!
RYERSON
Come on, Colonel! Wasn't the underlying motives for
your inviting Captain Peterson into your apartment that night to seduce
him as a means of getting even with the one man who had totally humiliated
you in front of your friends and co-workers?
MATTONI
(outraged as he stands)
Objection!
RYERSON
I'll rephrase, your Honor! (walking away
from the witness stand and then turning to meet Mac eye to eye) Did you
invite Captain Peterson into your apartment with the intention of seducing him,
Colonel?
MAC
(angrily)
NO!........It wasn't my intention to invite him in at all, MS
Ryerson. I was tired and all I wanted to do was go to
bed.
RYERSON
With Captain Peterson!
MATTONI
Objection!
RYERSON
Withdrawn!........Then why did you invite the
Captain into your apartment on the night in question,
Colonel?
MAC
He had a headache and........
RYERSON
So you've said, Colonel!........But why didn't you have him
wait outside in the hallway rather than compromise your safety by allowing him
in?
MAC
I had no reason not to trust him, so I
allowed him in for a few minutes for the sole purpose of offering him some
aspirin and something to wash the medication down with. That's
all!
RYERSON
So there were no bells and whistles alerting you to the
possibility that Captain Peterson was a potential rapist
then?
MAC
No! He had been a perfect gentlemen all evening.
If he had given me any reason at all not to trust him, I wouldn't of
accepted a ride home with him let alone invite him into my
apartment.
RYERSON
So you had no reservations at all about allowing
him in then?
MAC
No!.....Not up until that point, anyway!
RYERSON
So, your general opinion of Captain Peterson before your alleged
rape was that he was a decent and honorable man.
Is that correct?
MAC
He put on a good facade, yes!
RYERSON
So what you're suggesting then is that behind a
facade of charisma, and good charm, Captain Peterson tricked his way
into your apartment, drugged you, forced you to drink alcohol and then he
raped you.
MAC
As unbelievably outrageous and disgusting as that may sound to you,
Ms Ryerson, yes, that's exactly what happened.
RYERSON
Why did it take you nearly 48 hours to report the
alleged rape, Colonel?
MAC
I wanted to take the necessary measures to be sure that my
suspicions were correct.
RYERSON
You mean you really couldn't remember any of it at first, could
you, Colonel?
MATTONI
Objection your Honor! Asked and answered previously under
cross examination!
MORRIS
Objections sustained. That territory has already been
covered, counselor. Please move on!
RYERSON
My apologies, your Honor! (turning away and
walking to the table) Well, maybe it's time to take a
look at who you are, Colonel. (as she lifts a file from her desk)
And I think your service record, is a good starting point.
MATTONI
Objection!.......Relevance?
RYERSON
Your Honor, the veracity of Colonel Mackenzie's
testimony is in question here! I believe some aspects of
her service record are extremely relevant in establishing whether or not
we can rely on her word as the truth.
MORRIS
I know where you're going with this, Ms Ryerson Tread
carefully. Objection overruled.
RYERSON
Colonel, only last year, you faced a courts
martial on murder charges. Did you not?
MAC
Yes. And I was acquitted.
RYERSON
Only after it was determined that it was an accidental shooting and
only after you had perjured yourself in order to protect another man
...........a senior officer that you had an affair with. Isn't that
correct?
MAC
You tell me, Ms Ryerson! You seem to have all the
answers!
MORRIS
Colonel Mackenzie, you will answer all questions directed to you
unless otherwise instructed! Of all people, I shouldn't have to be
reminding you.
MAC
I apologize, your Honor! (turning to Ryerson)
Yes, that's correct.
RYERSON
Colonel Mackenzie, you're also an alcoholic. Is that
correct?
MAC
I'm a recovering alcoholic, yes!
RYERSON
Have you ever fallen off the wagon, Colonel?
MAC
Does it really matter?
RYERSON
Your Honor?
MORRIS
Colonel!
MAC
(reluctantly)
Yes!.......Once........ in fourteen years of sobriety.
RYERSON
Can you explain the circumstances which caused
this temporary lapse?
MAC
Personal problems.
RYERSON
Personal problems.........as in still another failed relationship
with a man, perhaps?
MATTONI
Objection your Honor! The Colonel's personal life is not
relevant in this case!
RYERSON
It goes to pattern of behavior, your Honor.
MORRIS
Overruled!
MAC
Yes.
RYERSON
So, the only time you ever fell off the wagon was over a
relationship with another man.
MAC
Yes.
RYERSON
Colonel, did you engage in drinking with Captain Peterson on the
night in question?
MAC
No!.....not willingly, anyway.
RYERSON
Well, your blood tests confirm the presence of alcohol,
Colonel! And as your pattern of behavior suggests, your relationships with
men have contributed to your problems with alcohol. On the night in
question, you had a serious argument with a man.......your date...... and in the
presence of friends and co-workers. Now, Colonel, again I ask you, did you
engaged in drinking alcohol with the defendant on the night of your alleged
rape?
MAC
No!....(pointing to Peterson) He pinned my arms down, blocked
my nasal passages so that I couldn't breath and then he forced me to drink the
vodka!
RYERSON
You've perjured yourself in a court of law in the past,
Colonel, why should we believe you now?
MAC
Because I'm telling the truth.
RYERSON
So, your asking this court to take your
word......the word of a known perjurer I might add...... over the word
of Captain Peterson. Is that correct, Colonel?
MAC
It's all I've got, Ms Ryerson and it's a hell of a lot more than
the good Captain has.
RYERSON
Really!........Well, let's see here.......(she pauses for a long
moment studying Mac's service record as she paces the floor before the witness
stand) Your service record reflects that you've been before an
Admiral's Mast on perjury charges and a courts martial on charges of
murder and fraternization with a senior officer. Serious
offenses in spite of your acquittal in the latter case. On the
other hand, Captain Peterson's service record is impeccable not to mention
the fact that he's the recipient of numerous valor awards including a bronze
medal. Hardly conducive to the behavior
or personality of a rapist, wouldn't you say, Colonel?
MAC
And just exactly what sort of profile would you expect a potential
rapist to have, Ms Ryerson? Statistics claim that most rapes are date related
rapes and usually perpetrated by the normal, average, everyday American
male.
RYERSON
Well, I'd hardly classify Captain Peterson as an average American
male, Colonel!
MAC
No, you're right about that, Ms Ryerson. He
stands behind that impeccable service record like it were some kind of shield
and that uniform as if it were a suit of armor. But underneath it
all, he's nothing but a coward who preys on unsuspecting women like myself.
RYERSON
Well, I think you'll have a very hard time convincing this jury of
that, Colonel!
MAC
Well, Ms Ryerson, if you're so convinced of his innocence in all
this, then why not put the good Captain on the stand and allow him to testify on
his own behalf?
RYERSON
(backing away, her demeanor shaken by Mac's
persistence)
I have no further questions for this witness, your
Honor!
************** TO BE CONTINUED
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