34 - Kade's Testimony

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This chapter is dedicated to chicago2018 who has been a dedicated reader of my stories - thank you so much for your support and votes XD.                                                       

34 - Kade's Testimony  

Six weeks later....

The court room is packed. I stare gloomily at the jury of eight man and four women, all of whom have eyed me over these past four days of the trial with utter dislike. It shouldn't even surprise me - Marcus has done an excellent job of painting the picture of a monster and I would feel the same if the tables were reversed.

There were gruesome photographs of Brent's sliced open body and testimony from police officers who testified I admitted to the deed. My statements were flatly read into the record, nothing like the upset and tearful words I muttered at the time they were taken. There were a few references to domestic abuse but nothing of the living hell I had gone through.

Of course, I will have an opportunity to speak once Marcus makes his case. My lawyer, that loser, told me it is my only chance to have the jury seeing the truth through my eyes. What he doesn't realize is that I am scared as hell to be judged by twelve strangers for the mistakes I made. They are supposed to be my peers but are nothing like me. My actions will be incomprehensible to them so what's the point of even trying.

It was already hard enough to tell all this stuff to Doc Sullivan and he actually knew what he was doing and asked the right questions to get a rise out of me. But Mr. Porter is totally worthless. He doesn't care and his attitude towards me has made it abundantly clear that he thinks I'm guilty. The only reason why he even defends me is because the court assigned him. He never wanted the case. Ultimately, it doesn't matter to him if I get the needle or not.

My eyes fall on my father who smiles at me encouragingly. Ever since he fainted, I have tried really hard to make things right and he promised we would get through this together but even he can't understand my choices.

"Why didn't you leave?" he asked me over and over again. "You knew you could have always come home."

No one will ever comprehend why I did not just walk out that door. I will be convicted because ultimately, everyone blames me for being so stupid. Just like Kade. They don't know how hard it is to leave your abuser because it takes courage to accept failure and live in fear for the rest of your life. If you can even call it that.

In the same row as my father but at the far end sit Brent's parents. Mrs. Parks sobbed loudly when the pictures were displayed on the large monitor and her husband has burned holes into my skull with his eyes for the entire duration of the trial. They want me dead, that's at least what they told Marcus. They think their son was a little angel.

The door to the courtroom swings open and in she comes – Pam Fallon. Now she is a real attorney. She used to like me until I put that no contact order on Kade. My eyes beg for her help but she ignores me. Marcus and her talk and she doesn't even glance at me. She is here to support Kade with his testimony, there is no doubt. He will be next.

I notice Doc Sullivan sliding into the back row of the audience just as the judge walks in. What is he doing here? I can't worry about it, almost snagging my pantyhose on the edge of the table as I jump to my feet. It is strange to wear regular clothes again, I am so used now to my lose fitting orange jumpsuit that all other clothing feels restrictive.

The court allows the defendants to wear ordinary clothes during a trial so that the jury isn't biased. My father tried to find the best outfit but the only thing that still fits me are my waistless summer dresses that hide the baby bump but look ridiculous in late-September. I'm now six and a half months pregnant – eleven weeks to go. I will give birth and never see my little son again. They might not even allow me to hold him once.

Mr. Porter tugs at my fingers and I tear my hand away.

"Don't touch me." My voice sounds magnified in the silence of the courtroom and people stare at me with a mixture of disbelief and mocking.

"Would you please sit down, Ms. Cooper." Judge Mitchellson demands sternly. "I want to start with the proceedings."

I blush when I realize that all my lawyer tried to do was to alert me that I was the last one standing. I find Doc's face who gives me a slight nod. He is the only one who realizes that I can't handle any unexpected physical contact from a man. Come to think of it, he is actually quite cool. I definitely should have been nicer to him.

I slouch down in my chair and give the jury my best rueful smile for delaying them. I don't think I succeeded, they gaze at me more sullen than ever. Kade's name is called and he steps to the stand and is sworn in before he takes his seat in the witness box.

He looks good, very relaxed and happy. His face is tanned and I imagine he spent a lot of time outdoors over the summer, maybe even went snorkeling again in the Caribbean. His dark business suit gives him an aura of importance and he is even wearing a matching tie. Very professional.

Marcus runs through the introduction – Kade's name, where he works, how we met. They speed through the events of the seven months in which we had known each other to arrive at the evening in question – the night of Brent's death.

"Dr. Fallon, what happened that day?"

"Rena." Kade's eyes land on me. "Ms. Cooper called me."

"Approximately at what time?"

"It must have been around ten o'clock in the evening."

Four after ten to be exact, according to the phone records the police subpoenaed after the murder.

"And did you tape the conversation?"

"Yes, sir, I did, at the advice of my mother. Ms. Cooper had filed for a protection order and my mother said that I needed to document all contact to prove it was initiated by her and what was discussed."

Marcus holds up a bunch of papers tuckered together. "With your permission, your honor, we would like to enter the call as Exhibit 12 and ask the recording to be played to the jury."

Mr. Porter rises. "No objection."

This point was already haggled over during pre-trial motions when Judge Mitchellson ruled that our conversations are admissible. It is Marcus's only chance to show premeditation.

Our words echo through the court room.

'Hello'

'It's Rena.'

Silence.

'I don't want to talk to you.' Kade sounded adamant.

'Please,' I begged. 'Let me explain.'

There is Kade's bitter laugh that went straight to the core of my heart that night.

'Your protection order was explanation enough. I wanted to help you and look how far that got me. No Rena, you made your bed and now you have to lie in it.'

I have always hated that expression.

'Please, Kade, it's not that easy. Brent...'

He interrupted me. 'Truthfully, I'm tired of your excuses. If you want to stay with him and continue to be beaten up, that's your choice. Just don't bother me anymore.'

The line went silent. I should have left it at that but of course I didn't. His friendship and advice had been too important to me. 

Marcus is eager to let the jury know that there is more to look forward to.

"Was that the only time the defendant called you that night?"

"No. There were two more calls. The first one was made just a few minutes later."

Another set of papers with a new exhibit number is introduced and we are ready to roll. The recording is booming.

'What is it now?' Kade's voice was impatient this time.

'I really need to see you,' I insisted. 'I don't know what I should do.'

'I can't meet you,' he snapped angrily. 'I'm not allowed to come closer than 200 feet and shouldn't even be talking to you.'

'You're the only one I have.'

There was more silence and a sigh.

'OK, what can I do?'

'I need to leave, Kade. You have to get me.'

'We went through this before,' he reminded me with agitation. 'All you'll do is go back to him as soon as he begs for your forgiveness. What did he do this time?'

'Nothing.'

I heard a gasp.

'Does he threaten you to say that? Are you in any danger?' This time, he seemed very concerned. I remember thinking that I was wearing him down. He would be once again my knight in shining armor.

'No. Brent is asleep. But something happened. I want to leave....Tonight.'

'Look, Rena, I'm working. I'm on probation with the hospital since your boyfriend filed the official complaint against me. I can't just leave or I'll lose my job.'

Oh, this had hurt so much. His career was more important than our friendship. In hindsight, it was a foolish thought. I disappointed him too many times for him to just risk everything for a girl who had caused him nothing but trouble.

'Rena, are you still there?'

He didn't know I had been fighting with my tears.

'Yes' I'm surprised how even my voice sounded.

'If you want, I can call Tisha or Laura and they can arrange for someone to pick you up and take you to the shelter.'

If he had only known how much I had needed him right at that moment. If he had picked me up, I wouldn't be in this courtroom today. For just one second, I wonder how my life would have pegged out. I saw this movie once - 'Sliding Doors'. It showed the parallel lives of a woman who had missed the subway. The first time, she found her boyfriend cheating and broke up with him, turning her life totally around, the second time, she was mugged and stayed with him.  Kade's refusal was my sliding door but I will never know where I would be today if he had just come to get me.

'Forget it', I mumbled in response and cut the line. I didn't want some stranger I barely knew, I had needed someone I could trust.

Marcus lets the effects of the words sink in.

"Dr. Fallon, did the defendant seem in any distress at the time of the call?'

I notice out of the corner of my eye that Pam frowns and leans forward in her chair, glaring at my lawyer. I am sure he should object but just stares ahead.

"No. She seemed perfectly normal to me. Despite the fact that I was mad at her for lying to the police and having me arrested, I was still very much concerned about her well-being. If I had thought that anything was wrong, I would have called the cops."

"Was her tone of voice any different from any of her previous calls?"

"Yes. If there was a confrontation between her and Mr. Parks, she would usually cry and be very upset but on that day, she was calm and composed."

"And when did the next call come in?"

"About an hour later."

Exhibit 14 is entered into the record. The jury hangs on Marcus's lips, somehow they know this is the juicy bit.

The recording starts playing.

'Rena, this is the third time you called.' Kade sounded very annoyed. 'You need to stop.'

'I killed him, Kade.' My voice was cold.

A sharp breath.

'Excuse me?'

'You heard right,' I said calmly without the slightest hint of the turmoil raging inside me. 'I sliced him open like a pig and he squealed just like one. He is dead.'

Kade gasped. 'What happened? Did he attack you?'

'Nope. I didn't even wake him up. Went straight for his groin and sliced all the way up until I couldn't go any higher.'

'Oh, my God, what did you do?' He sure sounded much more concerned than me, I hear his heavy breathing from his panic. 'I'll send the paramedics, maybe they can revive him. You have to call the cops.'

'Don't bother with the ambulance. He is stonedead. I watched him bleed out - there is no more hope for him.'

Another gasp. 'I'll be right there. Call the police.'

He hung up. I remember thinking: 'Great - after the fact, he wants to be the hero.'

My thoughts are interrupted by Marcus's next question.

"What did you find when you got to the house?"

"Ms. Cooper was covered in blood," Kade says gravely. "I examined her to make sure she wasn't injured but there was no scratch on her other than some older bruises and burn marks."

"Dr. Fallon, as physician, do you have any experience with victims of domestic abuse?"

Pam clears her throat repeatedly but my lawyer doesn't catch on.

Kade is temporarily distracted before focusing back on Marcus. "Yes, unfortunately, I have."

"And in your expert opinion," Marcus rolls the word 'expert' wickedly on his tongue, his shoulders quivering from silent laughter. "How old would you say those bruises were?"

"Several days - they were in the final stage of healing. I would say that they were inflicted about a week earlier, maybe even more."

Marcus beams at me. All the pieces come together nicely for his case of premeditated murder. Kade just gave proof that Brent was not physically violent against me during a sufficient long cooling period.

"And Dr. Fallon, in your expert opinion, is the apparent lack of a physical evidence any indication whether there was a reasonable threat to her life in the defendant's mind?"

This time, Kade's mother actually nudges my lawyer's shoulder.

Judge Mitchellson swings the gavel. "Mrs. Fallon, would you like to enter an appearance in this case?"

She grins at her awkwardly. "I do not."

"Then please refrain from hinting to defense counsel or I will have to ask you to leave. Mr. Porter is a member of the Illinois Bar and knows when to object." Mitchellson gives my lawyer a curt smile, waiting for a reaction but he still doesn't wake up. The judge just shakes her head like she couldn't believe his stupidity.

"Could you please answer the question, Dr. Fallon?" Marcus's smugness is unbearable. "I can repeat it if you like."

"That won't be necessary." Kade gazes at me with apologizing eyes. "In my experience, a lot of victims of domestic abuse only fear for their lives when they are faced with an imminent threat. Immediately thereafter comes a time of reconciliation where they generally feel safe. That's one of the reasons why they don't leave their abuser after an incident."

"I have no further questions," Marcus smirks.

Now it is Mr. Porter's turn to give Kade a grilling. I gave him a whole list of questions which he has in front of him.

"Mr. Fallon..."

He is interrupted. "It's Dr. Fallon."

"Oh, excuse me." He blinks at Kade irritably. "Dr. Fallon, did Ms. Cooper ever threatened the life of Mr. Parks or gave you any indication that she intended him harm?"

That wasn't on the list. What is he getting at?

Kade glances at me, obviously as confused as I am. "No, Sir." He pauses. "To the contrary. If someone had to be fearful, it would have been Rena. Mr. Parks was a very violent man and even if there were no signs of physical abuse, I'm sure...."

Marcus jumps to his feet. "Objection. Speculation. Dr. Fallon has no idea what transpired prior or during the incident or what was on the defendant's mind."

The judge sighs. "Sustained. The jury is to disregard Dr. Fallon's last statement."

Mr. Porter is thrown off track and gives up. "I have no further questions for this witness."

Pam lets the air escape sharply through her lips in frustration. Kade's testimony stands as is. Marcus pretty much just secured his conviction and I am screwed.


I know that this was a much anticipated chapter for many of you and I hope you were not disappointed. What to you think? Does Rena still have a chance? What do you think happened the night of the murder?

Please leave your comments and vote if you liked this chapter. Your support means a lot. If you have any questions about the legal aspects of Rena's case, let me know - I hope I have made the court room scenes gripping but I also want to stick as close to reality as possible.

I also want to highlight the story "Behind My Reputation" by TheWriterD. Rinde has done an excellent job with combining DV and child abuse with a fast paced and exciting plot and some heavy romance (teen fiction). She also writes through the eyes of the abused/ potentially turn abuser which is very unique. If you are still looking for something to add to your reading list, I encourage you to check it out XD.

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