Frat Party (Sisters In Law Book 1) Read online

  "Only one new one, Miss," said Billy. He pulled out a client chair and sat back. Three messages were held to his chest, like a poker player hiding his cards.

  She gave him a suspicious look.

  "Whiners," he said, waving the three messages at her.

  "I'll call them first. Let me hold their hands and get it over with."

  "No, call the newbie first. Some guy in Alaska."

  "Really. Alaska? What's that one sound like?"

  Billy shrugged. "I didn't get much out of him. He found you on the Internet and said he thought he’d better call. His house fell in some river."

  "Why call me? The website makes it pretty clear I don't handle property law cases. Only cases involving real people with real problems."

  "He fits the mold. Evidently when the house fell in the river, his wife drowned."

  "How horrible. Poor guy."

  "He needs to hear from you, Chris."

  “Hold that one. I’ve got other cases ahead of new ones.”

  “As you say.”

  “Everything in time. First things first. And all that.”

  4

  Monday morning found Christine back in court for the defense of Evan Rushdie, the high school sophomore. Something she almost never did--allowing the defendant himself to testify--was about to occur. Evan had insisted he "get to tell my story," and, for maybe the first time since beginning practice, Christine agreed. The young man was clean-cut, wholesome, and his childish innocence would come through. Or so she hoped.

  "Your Honor," said Christine, "defense calls the defendant, Evan Rushdie."

  After he told his name and address, Christine went straight to the heart of the case.

  "You're a sophomore in high school now?"

  "Yes."

  "Where?"

  "Page High School."

  "But you were a freshman when the sex act occurred, correct?"

  "Object, leading."

  Judge Waters, his head inclined for enhanced auditory reception, nodded. "Harmless. Overruled."

  "Again, you were a freshman when the sex act occurred, correct?"

  "Correct."

  "At that time, had you ever had sex with a girl before?"

  "You mean--"

  "I mean intercourse."

  "No. Never."

  Christine took her time with the next question. She looked as if she were innocently locating a reminder in her notes. Then she asked, “Were you a witch, a warlock?"

  "Warlock is insulting to male witches. They're just called witches."

  "Then were you a witch when you were a freshman?"

  He rubbed his hands together. His blond hair was fastidiously combed and parted in a straight line, front to back, and Christine got the feeling he would look more at home behind a fast food counter than in some girl's bedroom a year ago.

  "I don't know if I was a witch. I never mind-traveled. I didn't do spells. But I played roles. I was big in Dungeons and Dragons."

  "Did you engage in witch rituals?"

  "No. I mean, we were having a ritual when we had sex that time."

  "Tell us about that, please."

  He looked down, away from the jury. "It was after school."

  "Recall the date?"

  "No."

  "Proceed."

  "It was in the fall. I remember that because her mom had planted bulbs that weekend when I rode my bike over."

  "What happened between you and Charlene?"

  "No one was home. Both parents were at work. We were in her bedroom and we listened to Black Sabbath. Charlene had changed after school while I was actually in her bedroom."

  "She changed her clothes in front of you?"

  "Yes. She wore a short skirt to school. When we got to her house she changed into leotards and a T-shirt."

  "In front of you."

  "In front of me."

  "So you saw her in her bra and panties."

  "I did."

  "How did that make you feel?"

  Evan looked sheepishly at the ceiling. Clearly he was struggling for words that, as oftentimes happens with people describing an extraordinary event, were just out of grasp.

  "I felt--turned on."

  "You were aroused by seeing her in her underwear."

  "Sure. I guess."

  "Were you embarrassed?"

  "No. She did it lots of times before."

  "So this wasn't the first time she changed clothes in front of you?"

  "It happened lots. Every day."

  "Tell the jury what happened after she changed clothes."

  "Like I said, we listened to Black Sabbath."

  "Where were you and where was she?"

  "We were sitting on her bed with our backs against the outside wall. We were listening to the words."

  "Do you remember the song?"

  "Sure. Our favorite. 'The Wizard.'"

  "What's that song about?"

  "About a guy who's a wizard. That's another name for a male witch. All the people are happy when the wizard walks by. Something like that."

  "What happened?"

  "Something in the song talks about a spell. Casting a spell or something. Charlene says, 'Do you want to cast a spell over me?'"

  "What was your reply?"

  "I told her that would be okay but I didn't know how to."

  "What did she say?"

  "She said there's all kinds of spells. She said there's one where the wizard mounts the witch and says some words. They say some words together. She said we should try that, but first I would have to take off my clothes."

  "Did you? Take off your clothes?"

  "We both did."

  "Did you watch each other?"

  "Yes."

  "Describe what happened?"

  "She pulled down the spread on her bed and sat down and rolled down her leotards. Then she unsnapped her bra and dangled it in one finger and smiled at me. Then she slid under the spread. She watched me take off my jeans and T-shirt. That left my shorts."

  "What happened?"

  "I took them off."

  "What were you feeling?"

  "Embarrassed beyond belief. And--" He stopped.

  Christine gave it a minute, then she continued. "Were you feeling aroused in addition to embarrassed?"

  "Yes."

  "So you got under the spread with her?"

  "I did. She whispered to me to take off my Jockeys. So I did."

  "And next?"

  "She told me to get on top of her. Which I did. Then I--I--"

  "You told me in the office when we discussed this that you ejaculated onto her stomach when you got on her, correct?"

  "Yes."

  "Why did that happen?"

  "I was too excited. It just happened."

  "Okay, what happened after that?"

  "She took me and put me inside of her."

  "She took your penis and inserted it inside her vagina?"

  "Yes. That's how it happened."

  "Now, at any time during this were you holding her down?"

  "No."

  "Was she resisting?"

  "No."

  "Did she say 'No' or other words that meant you should stop what you were doing?"

  "No."

  "Did she resist in any way?"

  "No."

  "Did she try to hold her legs together so you couldn't enter her?"

  "I don't think--no."

  "So her participation in the intercourse was purely consensual?"

  "Objection!" cried Woody Smitts. "Seeks to invade the province of the jury!"

  Judge Waters nodded and a profound look came over his face. "Indeed it does. Sustained."

  But Smitts wasn't finished. "Seeks to have the witness testify about a question of law."

  Judge Waters leaned forward in his chair. "Mr. Smitts, you’ve already won. I’ve already sustained your objection. Counsel, please continue."

  Christine looked at the judge. "Yes, Your Honor. Now, Evan, did Charlene ever give you any impress
ion other than that her participation was consensual?"

  Smitts shot to his feet. "Objection! Same objection!"

  "Your Honor," said Christine, "it's a different question. I'm asking for his impressions, not whether the act was consensual on her part."

  Judge Waters slowly nodded. "I have to agree. Counsel," he said, addressing the DA, "the question asks about the young man's impressions. I'm going to allow it."

  "Let me repeat the question," said Christine, and she did.

  "I thought it was okay with her," said Evan. "I never gave it much thought."

  "What happened next?"

  "All of a sudden the door banged open. We found out her dad had been knocking in the hallway but the music was so loud we didn't hear him. He came crashing inside."

  "And he caught you with his daughter, nude, in her bed?"

  "Yes."

  "What happened next?"

  "He grabbed my arm in one hand and my hair in the other. He pulled me out of the bed and got me down on the floor. He kicked my face and I guess I blacked out."

  "What's the next thing you remember?"

  "EMTs were there. It was all fuzzy. They put me on a stretcher and took me to the hospital."

  "What happened next?"

  "An oral surgeon fixed my jaw."

  "Did the police come to the hospital to talk to you?"

  "Yes. I couldn't talk to them 'cause my mouth was wired shut. So they asked me questions and told me I could either nod or shake my head and they'd write it down."

  Christine backed away momentarily. She wanted to let that last response sink in with the jury, how unfair it was that the police would write down his statement based on nods and head shakes. Some of them made notes as she watched.

  Then she said, "So let me be clear. It says in the so-called confession you gave the police that you had nonconsensual sex with Charlene. Do you recall that?"

  "I recall they asked me about it."

  "Did you actually tell them you had nonconsensual sex with her?"

  "No. I shook my head. What I meant was, I didn't understand what nonconsensual sex meant. I'd never heard of that."

  "You were a high school freshman then?"

  "Yes."

  "And you were asked if the sex was nonconsensual?"

  "Yes."

  "And this was when your jaw was wired shut?"

  "Yes."

  "And they took whatever response you made with your head and wrote that down to say you admitted it was nonconsensual?"

  "I guess. Now that I know what it means, I never would have said that."

  "Why is that?"

  "Because for one thing it was supposed to be a ritual and it was her idea in the first place. Maybe if we hadn't been listening to Black Sabbath or something, she wouldn't even have thought of it--I don't know."

  "It also says that you restrained her against her will. Do you recall that?"

  "They asked me if I restrained her. I nodded my head."

  "Why?"

  "Because I was on top of her. I was definitely restraining her."

  Christine again paused, this time looking at each individual juror, making sure they were getting the full benefit of the so-called confession.

  Then she asked, "But the restraint--was it against her will?"

  "It was supposed to be. The ritual said the witch on the bottom is to be violated by the witch on top."

  "What does 'violated' mean to you?"

  Evan looked down at the floor. "You know, it means you put your organ inside her organ."

  "Does it mean nonconsensual?"

  "I didn't get that. It just means you do it to her."

  "So to you, that's violation?"

  "The way we did it, yes. I mean she put me in her."

  "Did you tell the police that?"

  "No."

  "Why not?"

  "Because I couldn't. My jaw was wired shut."

  "What else?"

  "I decided not to talk to them anymore. They were smirking and winking at each other."

  "How many cops were there when you nodded and shook your head?"

  "Two. Dumpy and Dorky."

  "Dumpy and Dorky. Why do you call them that?"

  "Dumpy was wearing beige pants that hadn't been cleaned in a year. The bottom button of his shirt was unbuttoned so his gut was hanging over his belt and you could see stomach hair. Dorky was crew-cut with thick black glasses. He also had one of those pocket protector things and about a dozen ballpoints clipped to it. Weird."

  "Dumpy and Dorky. Were they friendly?"

  "Not really. They were acting all tough and something like they were piss--mad at me."

  "Do you see either police officer here in court today?"

  "Yes. Dumpy is here."

  "You're referring to Detective Francisco?"

  "Yes."

  There was shuffling and a whisper at the DA's table. Detective Francisco could be seen glaring at the young man in a threatening manner.

  "Evan, look at Detective Francisco. Is he giving you dirty looks while you talk today?"

  "He's trying to scare me. But he's wasting his time."

  "Why is that?"

  Evan shrugged. "I told you. I didn't do anything wrong. If the girl was raped, it was self-inflicted."

  A smile and murmurs erupted across the jury. Bingo, thought Christine. Nicely done. When she looked back at the DA's table, Detective Francisco had lowered his gaze and appeared to be making notes. Christine guessed he was doodling.

  "When they came to the hospital, was your jaw hurting?"

  "Yes. I was still on some kind of pain medicine. It was inserted in my hand through a tube."

  "So you were somewhat out of it?"

  "Lots out of it. It all felt like I was underwater and stupid. Like I was moving inside a dream."

  "Did the father say anything when he kicked you in the face?"

  "Yes. He said I was an asshole."

  "Seriously? He called you that?"

  "Yes."

  "Have you and I discussed what you would like to do about his assault?"

  "Yes. After this is all over I want to sue him."

  A rustling and whispered commotion emanated from the first row in the courtroom, the row where the girl's parents were sitting. Evan returned their look; he even glared back at them.

  "They're smirking at me right now."

  "Objection, no question pending."

  "Sustained. Please continue."

  "Your Honor, I think those are all the questions I have for the witness."

  "You may cross-examine, Mr. Smitts."

  Woody Smitts came to his feet while Christine was settling back into her chair. She was attentive and watched him closely. He had every opportunity to get Evan to convict himself with one wrong misstep. She said a silent prayer the youngster wouldn't walk into something.

  "Mr. Rushdie, did you climax inside Charlene?"

  "I don't--her father came in before I could."

  "Did you intend to?"

  "I intended to, I guess. Yes, I did. At least it felt like it."

  "All right. When she said for you to stop, did you stop at that time?"

  "She didn't say stop."

  "She testified she told you to stop once you entered her. She said penetration wasn't part of what she had agreed to."

  "Maybe not. But she's the one who took me and put it in her."

  "While you were lying on top of her."

  "Yes."

  "She was somehow able to reach around and take your penis and insert it?"

  "I guess. It happened pretty fast."

  "But you knew this was just a ritual, a game?"

  "Yes. But I guess it became more than that."

  "What made you think that?"

  "Well, when she took off her bra, she dangled it on one finger and smiled at me."

  "Smiled? How did she smile?"

  "It's hard to describe. Kind of like teasing, I guess."

  "So you felt like that gave you per
mission to rape her?"

  "No. Not at all. I felt like that gave me permission to climb on and see what happened."

  "Isn't it true she pushed you away with her hand when you tried to penetrate her?"

  "It didn't feel like pushing away. It felt like pulling it in."

  Smitts paused and went over his notes. Christine watched out of the corner of her eye then looked over at the jury. Several were paused with their pencils over their spiral notebooks, as if they had been taking notes and were waiting. She didn't feel good about that; she would have preferred folded arms across chests and lack of eye contact. But they weren't sitting like that. They looked involved, all in. She dropped her eyes and considered what she might ask on re-direct. Probably nothing. Smitts hadn't drawn blood. At least not yet.

  "Do you recall telling Angelo Woodson that you raped your girlfriend?"

  "I told Angelo that I had a wild time with Charlene. I don't remember if I said 'rape' or not."

  "Is it possible you said 'rape'?"

  Evan scratched his arm. He shuffled his feet.

  "Possible, I guess. I don't remember."

  "Well, Angelo testified you said you raped Charlene. Would he be lying?"

  "Angelo doesn't lie. He tells the truth."

  "So when he says you told him you raped your girlfriend, he would be telling the truth?"

  "Objection!" Christine cried, on her feet in a flash. "Seeks state of mind."

  "Sustained. Counsel, please rephrase."

  Smitts looked at the judge and shrugged. "I can try."

  "Please do."

  "You said Angelo tells the truth."

  "Yes."

  "So if he said you told him you raped Charlene, you would accept that as the truth?"

  "Probably. Yes."

  Now Smitts busied himself with papers and notepads, allowing the admission to sink in. It was very damaging to the defense and Smitts knew it. Relished it, even, as he took almost three or four minutes--a long period of quiet air in a courtroom.

  "And if you told Angelo you raped her, would that statement be closer in time to the rape than today's testimony?"

  "Objection. Rape."

  "Let me rephrase. Would that statement be closer in time to the event than today's testimony?"

  "Yes."

  "It would also be un-sandpapered, meaning your lawyer hadn't coached you."

  "Objection! Improper comment on counsel!"

  "Sustained. Mr. Smitts, were you about finished with your cross?"

  "I am finished, Your Honor," said Smitts, and he took his seat.